Education Department Rescinds Biden Memo that Threatened to Upend College NIL Payments
Trump Administration Reverses Course, Says Memo Had No Legal Basis
WASHINGTON (AP) — The U.S. Education Department is scrapping last-minute guidance issued by the Biden administration that threatened to upend colleges’ plans to pay athletes for their name, image and likeness by making those payments subject to federal Title IX rules.
Withdrawal of Guidance
In a move that was largely expected, President Donald Trump’s education officials announced the change Wednesday, saying the memo from former President Joe Biden’s final days in office had no legal basis under Title IX, the 1972 law forbidding sex discrimination in education.
Reaction from Acting Assistant Secretary
“The NIL guidance, rammed through by the Biden Administration in its final days, is overly burdensome, profoundly unfair and it goes well beyond what agency guidance is intended to achieve,” said Craig Trainor, acting assistant secretary for civil rights.
Background on the Memo
A Jan. 16 memo from the Biden administration told universities that NIL payments must be treated the same as athletic financial aid such as scholarships. It sent athletic departments across the country back to the drawing board.
Impact on Colleges and Universities
Football and men’s basketball players were expected to receive the bulk of the $20.5 million that athletic departments will be allowed to distribute starting next school year. Universities had to figure out whether they needed to change plans to avoid running afoul of the Biden policy, which said NIL payments “must be made proportionately available to male and female athletes.”
Legal Analysis
Passed in 1972, Title IX requires that schools pay out financial assistance in proportion to the number of students of each gender who play sports on campus. It also calls for schools to provide opportunities to play varsity sports in proportion to the gender distribution on campus.
Consequences of Withdrawal
Attorneys differed on whether the Biden memo placed the scheduled April 7 approval of the House settlement, which dictates the financial boundaries for the NIL payments, in jeopardy.
Conclusion
The Trump administration’s decision to rescind the memo means that colleges and universities can now focus on implementing their own plans for paying athletes for their name, image, and likeness without the added burden of Title IX regulations. The move is a significant victory for schools and athletes, who can now focus on the benefits of NIL payments, such as increased revenue and brand recognition.
FAQs
What was the Biden memo? The memo, issued on January 16, required universities to treat NIL payments the same as athletic financial aid, such as scholarships.
What is Title IX? Title IX is a 1972 law that prohibits sex discrimination in education and requires schools to provide equal opportunities for students of all genders.
What happens now? The Trump administration’s decision to rescind the memo means that colleges and universities can now implement their own plans for paying athletes for their name, image, and likeness without the added burden of Title IX regulations.
What is the impact on colleges and universities? The decision allows schools to focus on implementing their own plans for paying athletes, which can lead to increased revenue and brand recognition for athletes and schools alike.
