On June 11, 2025, eight female athletes—Kacie Breeding (Vanderbilt), Lexi Drumm, Emma Appleman, Emmie Wannemacher, Riley Hass, Savannah Baron, Elizabeth Arnold (College of Charleston), and Kate Johnson (University of Virginia)—filed an appeal in a California federal court. They argue that the settlement's back-pay damages, which allocate approximately 90% of the $2.8 billion to football and men's basketball players, violate Title IX's requirement for equitable treatment based on sex. The appeal specifically targets the damages portion, not the revenue-sharing framework, and claims the distribution formula disproportionately favors male athletes, potentially shortchanging female athletes by around $1.1 billion. This legal action has paused the distribution of back-pay damages pending the appeal, though the revenue-sharing model is unaffected and set to proceed.
The lawsuit contends that Title IX, which mandates equal athletic opportunities and financial assistance for male and female athletes at federally funded institutions, applies to the settlement's damages because they are tied to athletic participation. The Biden U.S. Department of Education’s Office for Civil Rights issued guidance on January 16, 2025, stating that NIL payments from schools qualify as "athletic financial assistance" under Title IX, requiring proportional distribution based on the number of male and female athletes. However, this guidance was rescinded by the Trump administration, creating uncertainty about enforcement. Legal experts, including Title IX attorney Arthur Bryant, argue that schools risk further lawsuits if they allocate revenue-sharing funds disproportionately, as many plan to direct 70-75% to football and men's basketball.
While the House settlement itself does not address Title IX compliance, leaving it to schools to determine equitable distribution, the appeal highlights ongoing tensions. The plaintiffs support a settlement but demand one that aligns with Title IX’s equity requirements. Additional lawsuits are anticipated as schools implement revenue-sharing plans, especially if they prioritize revenue-generating sports over equitable distribution.
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