Last week's landmark $2.8 billion House v. NCAA settlement is back in the headlines, as eight women's college sports athletes filed an appeal on Wednesday claiming that the approved NIL back-payment plan violates Title IX, the federal law banning gender discrimination in schools.
On June 6th, a federal judge approved a settlement between the NCAA and former student-athletes, with the college sports governing body agreeing to have schools directly distribute billions of dollars in back pay to players barred from financially benefitting off their name, image, and likeness since 2016.
Wednesday's appeal to that back-pay plan calls out alleged payment inequities written into the settlement ruling, which could see up to 90% of the $2.8 billion distributed to former NCAA men's sports athletes.
"The calculation of past damages is based on an error that ignores Title IX and deprives female athletes of $1.1 billion," said Ashlyn Hare, one of the lawyers representing the appellants. "Paying out the money as proposed would be a massive error that would cause irreparable harm to women's sports."
"If Nike wants to [pay male athletes more], that is their choice. If the school, or a conference acting on the school's behalf tries to do that, they are violating the law," John Clune, another lawyer on the team, clarified.
"They can either pay the athletes proportionately, or they can return all of their federal funds," said Clune. "But they can't do both."
