Will the Score Act Sideline Women Athletes?
Members of the Democratic Women’s Caucus are pushing Congress for explicit Title IX protections for women student-athletes in a proposed national law related to name, image and likeness (NIL)—and long-time gender equity advocates hope they succeed.
“I’m really concerned that we’re going back to the 1970s and earlier, before Title IX took effect,” said attorney Jayma Meyer, a visiting clinical professor and adjunct professor at the Maurer School of Law at Indiana University.
Four years into student-athletes being able to capitalize on their NIL, 32 states have enacted their own laws. Now, there is a proposed bill before Congress, the Student Compensation and Opportunity Through Rights and Endorsements (SCORE) Act, which is designed to establish a national framework for collegiate athlete compensation, particularly as it pertains to NIL.
Something the SCORE Act doesn’t take into consideration is Title IX and gender equity. Earlier this year, the Department of Education Office of Civil Rights rescinded guidance put in place by the Biden administration, noting it was “overly burdensome” and effectively stating that Title IX, an educational statute that prohibits discrimination based on gender at any institution receiving federal funds, is inapplicable to NIL. ***
This is particularly troublesome as college sports is awaiting massive compensation to collegiate athletes who are competing or have competed. This settlement is a result of an antitrust lawsuit, House v. NCAA, which allows direct compensation of collegiate athletes for their NIL. Part of the settlement is a $2.8 billion payment from the NCAA and major athletic conferences. It is anticipated that football and men’s basketball will receive approximately 90 percent of the money.