Published: McLane.com
July 23, 2024
There have been many instances of colleges and universities facing Title IX allegations. There have also been numerous discussions surrounding equal opportunities for women. In recent years, the topic of name, image and likeness (NIL) has become very popular in collegiate athletics. Now, the University of Oregon is facing a lawsuit that deals with each of these issues as they attempt to defend a Title IX lawsuit based on alleged unequal NIL opportunities for female student-athletes.
Schroeder et al v. University of Oregon is believed to be the first lawsuit that takes into account gender inequality and NIL benefits for student-athletes. The plaintiffs in this case are the women beach volleyball players and women club rowers at the University of Oregon. These female student-athletes are seeking damages based on disproportionate treatment of and granting financial aid to women varsity student-athletes as compared to male varsity student-athletes. The plaintiffs allege the male varsity student-athletes are provided superior NIL opportunities when compared to the NIL opportunities offered to women varsity student-athletes.
In addition to suing the University of Oregon, the female student-athletes are also suing Division Street and Opendorse ,the dedicated collectives the University of Oregon uses to handle the university's NIL marketplace. The university is attempting to dismiss the lawsuit by distancing themselves from the NIL collectives. The university argues that there is no allegation in the complaint that the school directly or indirectly controls the allocation of NIL proceeds by these collectives. The plaintiffs' position is that the university is violating Tile IX by working closely with these collectives to discriminate against the university's female student-athletes.
This case offers a new perspective on the issues surrounding NIL opportunities, rules, and potential litigation. NIL, its policies, and its implementation continue to change as more information is learned and the NIL ecosystem continues to evolve. Schroeder et al v. University of Oregon exposes another important issue with gender equality that colleges and universities may need to consider when creating and implementing their NIL policies.
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