Oregon Rejects Title IX Suit, Nebraska's NIL Partnership + ICYMI | Newsletter #252
Today’s Thursday newsletter includes highlights from this week, important news from last week, and what to watch for.
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Recapping Major News This Week:
The University of Oregon Asks the Court to Reject Title IX Suit’s NIL Theory
Oregon has filed three motions to dismiss or substantially limit a federal discrimination lawsuit. The suit was filed last year by former and current female athletes from the beach volleyball and club rowing teams.
This case is notable as it is the first Title IX lawsuit seeking relief based on alleged disparities in NIL opportunities
The plaintiffs are pursuing class certification and have targeted Oregon’s relationship with its collective Division Street and Opendorse. The plaintiffs are also asking the court for millions of dollars in damages related to what they claim was the disproportionate amount of financial aid female varsity athletes were offered.
A settlement conference is scheduled for next week, but Oregon filed separate motions to dismiss the lawsuit for lack of jurisdiction, for partial summary judgment and for judgment on the pleadings.
CLICK HERE to learn more.
Nebraska Athletics Announces NIL Partnership
The University of Nebraska Athletic Department announced that 1890 Nebraska is their official NIL Collective.
“This partnership with 1890 Nebraska will make it convenient for fans and donors to directly support NIL for our student-athletes and provide 1890 donors many of the same benefits and privileges that our Huskers Athletic Fund members receive for their support of Nebraska Athletics.”
Contributions to 1890 Nebraska are now eligible to receive tax deductibility.
The donations can be directed to current funding priorities, such as the Student-Athlete Experience Fund, the new track and field complex and more, according to the university.
CLICK HERE to learn more.
Quick Hitter News:
Arch Manning’s NIL payout from EA Sports ad was reportedly between $50,000-60,000 - LINK
Former Nike CEO Phil Knight is providing Oregon with an unlimited NIL budget - LINK
LSU gymnast Olivia Dunne announced she is returning for her fifth year - LINK
Penn State will host an NIL fundraising event at the Jersey Shore for the third summer in a row - LINK
Former UNC basketball star Armando Bacot revealed he netted over $2 million in NIL earnings - LINK
ICYMI
Judge John C. Cooper Denies the ACC’s Motion to Dismiss FSU’s Lawsuit
Florida State filed a suit against the ACC on December 22nd, 2023 “in response to years of mismanagement that has left its member shcools in a deteriorating multi-media rights agreement while preventing them from joining other conferences because of draconian withdrawal penalties.”
In the suit, FSU alleges that the ACC mishandled their negotiations with ESPN, and has failed to fulfill its obligations to “generate substantial revenues” and “maximize athletic opportunities.”
With the ACC clearly falling behind other Power 5 Conferences such as the Big 10 and SEC, moving to another conference is an attractive option for football powerhouses like FSU and Clemson. However, leaving the conference could lead to substantial penalties of at least $572 million
The denial of the ACC’s motion to dismiss brings FSU’s complaint one step closer to a potential trial and/or settlement.
CLICK HERE to learn more.
What To Watch For: State Legislation Continues to Affect High School Athletes
Last month, the Florida High School Athletic Association voted to approve NIL for its high school athletes, but the vote has yet to be ratified. Immediately, high school athletes in Florida jumped at the chance to capitalize on their NIL. Over 1,000 athletes in Florida from various teams joined the platform NIL Club. Shortly after joining the platform, the athletes were taken off following a call from the FHSAA Executive Director. Without the ratification of the bylaw, these high school athletes were in violation of amateur status.
Florida is not the only state dealing with this transition period. The Georgia High School Association recently sent a letter to each of its member schools with a very clear message: don’t join the NIL Club. The GHSA considers participation in such NIL Clubs to be a potential violation of the GHSA NIL policy, and joining such an NIL Club could have serious consequences to their eligibility to compete or continue to compete in GHSA activities. GHSA approved NIL deals with certain stipulations back in October, but the problem with NIL clubs is that if one subscriber who can be considered a college booster or employee pays to view a GHSA athlete's material, it is considered against the association's policy.
High school athletes in North Carolina seem to be the next group being affected by NIL policies. Currently, kids enrolled in private school are allowed to monetize their NIL, but the state board of education voted to ban those deals for kids in public school. More conversations regarding NIL rules will be taking place at the board’s August meeting. It is clear that NIL policies for high school athletes are ever-changing and are something for athletes and coaches alike to keep an eye on.
Thanks for Reading!
Keep up to date on all of our newsletters and content by checking out past Optimum Sports Consulting Newsletters, and following us on Twitter!