All Hokie, All the Time. Period. Presented by First Bank & Trust Company

mrcaniac mrcaniac OP
Jul 16, 2024 at 01:53 PM ET
Department of Education Title IX will apply to college athlete compensation
US DOE says that Title IX will be apply to the future revenue that is paid to college athletes. No formula, but they say it must be "equitable". Looks like the courts may be deciding this

26 Replies

I
INSIDE99
That is where Collectives come in
No Title IX for Collectives
mrcaniac mrcaniac OP
Collectives will be under the rules according to the DoED
I
INSIDE99
Not everyone is going to receive the same amount of NIL payment
Girls or Boys included. The male playing right field is not going to earn as much as the quarterback.
mrcaniac mrcaniac OP
You're right
At FSU 57% will go to women and 43% will go to men based on the demographics of FSU. FSU can decide how much of that 43% that the right fielder will get as opposed to the QB.
R
RJHokie
Pretty sure folks can concoct workarounds to this.
1
1947Sunbowl
see this is why having a collective separately
IF the athletic dept is personally handing collective services for activities within the athetlic dept; it must comply. If the collective is separate and have no ties; they can work it
mrcaniac mrcaniac OP
Nope
Need to read the article, the DoEd says that they will treat the collectives as an arm of the schools
B
Baltimore_Hokie
There's no way that's going to work, unless...
by "equitable" they mean compensating female non-revenue athletes an amount commensurate with the value they actually create.
H
hokieZ71
Technically, equitable would mean compensating them at a higher rate
Like, athletes who play a sport that only generates 0.001% of their school’s total athletic revenue. So, equitable could mean that they should be compensated at 0.005% of the school’s NIL funding rather than the 0.001% they would be “worth”. It’s 5 times the revenue % they generate. This would have to be enough to be considered “equitable”. Who knows what these amounts will be. However, say football is responsible for 87.2% of the revenue, under the laws of equitability, football players will not receive that much NIL funding. They would receive less so athletes of “lesser” sports would receive more. But it won’t be a ton less than 87.2%… In no way does equitable mean “equal”. Tennis players will never receive anywhere in the range of the money that football players receive. ** Edited by hokieZ71 at 7/16/2024, 3:56:58 PM
B
Baltimore_Hokie
Thanks. I was considering it in the same context as-
"equitable distribution" of marital property when a divorce action is filed, meaning things are supposed to be divided up fairly according to the contributions and subsequent obligations of the parties. If a football players are distributed 20% (or whatever) of the value the football program creates, I have no problem with the women's water polo team getting 20% of what the women's water polo team generates.
CrystalCoveHokie CrystalCoveHokie
And in charge of the implementation…..
V
VPI 1924
A TransFreak?
B
Baltimore_Hokie
Outstanding player. A little long in the tooth nowadays, though.
Doubt we will get to see her play on the national team again.
CrystalCoveHokie CrystalCoveHokie
Just privatize the revenue sports and license the college name
B
Big12 guy
Could be an equalizer. if the government is going to give
mandates on compensation at the collegiate level, they will have to do it as a part of an anti trust waiver. This could be a pathway to save college athletics as we have known them, and give the athletes compensation for their time as well. Otherwise, it would be like telling the NBS that the WNBA players have to be compensated the same. Impossible under our constitution and the free market, but educational institutions receive a ton of Federal dollars. The presidents will not want to mess with Federal or State aid in ALL of the public institutions. Interesting times we live in for sure. If the P2 doesn't want to follow whatever rules that will be handed down, they will have to break away from collegiate athletics, and start a professional league. It will not change the disparity in the media and playoff monies, but it might tamp down the richer schools the ability to buy talent.
M
mjfhokie
Title IX and the Chevron decision?
I have been wondering how the recent Chevron decision from the Supreme Court potentially impacts Title IX. Department of Education has been "interpreting" and expanding the 1970s era law for decades. The most recent and one of the hottest political issue is the redefinition of "sex" as being interpreted by the administration. I have to imagine there are multiple "assumptions" and "regulations" over the past several years of bureaucrats implementing Title IX that go well beyond the limits of the law as it was originally written, passed, and intended. Title IX is going to be a hotly debated and litigated issue well beyond the implementation of NIL laws. ** Edited by mjfhokie at 7/16/2024, 2:41:28 PM
D
daveinop
If APA applies, those prior decisions can be challenged. However,
overturning Chevron didn't by itself overturn any regs where it was applied. Those would have be pursued under APA case by case in the future. I don't think overturning Chevron was nearly the big deal it's being made out to be. One recent Admin lost most of their APA challenges (like nearly 80%) even with Chevron in their pocket. You either make your decisions APA proof or you don't. I think there is more pressure on Congress now to say what they mean when they pass something; otherwise they risk being meaningless. And it makes the fed govt even more like steering a barge, not a race car FWIW, I required monitoring similar to what NMFS did but I didn't make them pay. I let them handle it any way they wanted, they were just liable for doing it...which is what NMFS should have done. They were wrong and got their butt handed to them. The statute of limitations thing was easy as well. The injury occurs when it occurs as the rules continue to be applied.
mrcaniac mrcaniac OP
No doubt
Except for now, organizations can actually have their day in court. Previously, organizations couldn't and were at the whim of the DOED to have their funding slashed.
C
CoolJCPA
Get ready for about 3 men's sports at each school
Does anyone else think this will ever end? Today we are talking about NIL and pay for play being equitable under the rules of Title IX. I could see a scenario where schools end up just fielding a men's football team, men's basketball, and maybe men's baseball. Then add in about 4 women's sports and call it a day. There will only be club wrestling, soccer, swimming, track, etc. for men.
Maroon Baboon Maroon Baboon
I have a better idea.
Let's just eliminate the Department of Education. That's all. I'll show myself out.
CrystalCoveHokie CrystalCoveHokie
I’m with you
mrcaniac mrcaniac OP
No disagreement from me
R
RJHokie
Definitely seems like governmental overreach to me.
E
EDGEMAN
Equitable?
I think the DOE should be abolished, and let individual states handle the education of their children.
HokieAl HokieAl
That seems like overreach. Especially for NIL
All athletes can be given the same opportunities, but that is very different from getting the same financial benefits.
RTFC RTFC
Very true and that premise is applicable to lots of things