The NIL landscape just saw another shake-up, and if you’re a college athlete cashing in on your name, image, and likeness (NIL), this latest move could have big implications.
On February 12, 2025, the U.S. Department of Education officially rescinded Biden-era guidance that previously sought to regulate how NIL compensation was distributed in college sports. Under the now-canceled policy, the Department of Education attempted to apply Title IX gender equity rules to NIL deals—meaning schools would have been required to ensure that NIL opportunities and payouts were distributed equitably between male and female athletes.
But that’s no longer the case.
So, what does this mean for you? Let’s break it down.
What Changed?
Recently, the Office for Civil Rights (OCR) under the Biden Administration issued guidance stating that NIL compensation should be treated similarly to athletic scholarships under Title IX. This would have required colleges and universities to ensure that male and female athletes had roughly equal NIL opportunities and earnings, much like how they must provide equal funding for men’s and women’s sports.
On Tuesday, Acting Assistant Secretary for Civil Rights Craig Trainor announced that the Department was rescinding that guidance, stating that Title IX does not apply to how student-athletes earn compensation through NIL deals.
Translation? Colleges and universities are no longer responsible for ensuring NIL deals are equally distributed among male and female athletes (U.S. Department of Education).
What Does This Mean for Athletes?
This decision reinforces what has already been happening in the NIL space: the market drives the deals. There is no legal requirement for colleges or third-party collectives to balance NIL earnings based on gender. Instead, deals will continue to be based on athlete marketability, social media presence, performance, and brand appeal—just like in professional sports.
Here’s what you need to know:
✔ No restrictions on NIL deals based on gender – Female and male athletes will compete in the open market, just like before.
✔ Universities won’t have to oversee NIL equity – Schools will not be held responsible for ensuring an equal split of NIL deals between men’s and women’s sports.
✔ Brands and collectives will operate as usual – Sponsorships and NIL agreements will continue to flow based on market demand and athlete branding, not government regulations.
Potential Impact on College Sports
While this decision removes compliance hurdles for schools, some critics argue that it could widen the gap in NIL earnings between men’s and women’s sports.
✔ For top-performing female athletes, this could mean an even greater need to leverage personal branding and social media engagement to secure NIL opportunities.
✔ For male athletes in revenue-heavy sports, such as football and basketball, NIL opportunities may continue to grow without Title IX restrictions limiting their earning potential.
✔ For universities, the rollback means fewer legal headaches and less oversight on NIL compliance—but they may still face public pressure to ensure female athletes have fair access to NIL opportunities.
Key Takeaway: If you’re an athlete looking to maximize your NIL earnings, your best move is to take ownership of your brand. The opportunities will go to those who actively build their visibility and marketability.
How NexEra Sports Can Help
At NexEra Sports, we’re staying on top of these NIL developments so you don’t have to. Our team works with college athletes to navigate NIL contracts, build strong personal brands, and maximize earning potential in an ever-changing space.
✔ Contract Review & NIL Compliance – Know what you’re signing and ensure you’re making the best financial and legal decisions.
✔ Brand Strategy & Growth – Develop an athlete brand that attracts sponsorships and long-term partnerships.
✔ Marketing & Social Media Engagement – Use cutting-edge strategies to grow your audience and increase NIL visibility.
Need help navigating your NIL deals? Let’s talk.
Final Thoughts
The NIL world is still evolving, and this latest policy shift proves how quickly things can change. With Title IX no longer dictating how NIL compensation is distributed, the best way to take control of your earnings is to build your brand, grow your influence, and seize the opportunities available.
Stay informed. Stay proactive. And most importantly—own your future.
