[M T]

Is someone looking at the people/organizations that are providing the money for NIL?  Are they treating it properly taxwise?  Exactly what are the athletes doing for the payer that is considered work?  Or is it a gift (for which there are tax consequences once limits are hit)?  Are those payers to be considered the employers?   The NIL is coming from those payers, and not the schools.  The schools (except maybe a few cases) probably are not paying NIL nor funneling NIL.  Moreover, the schools arguably aren't necessarily getting any direct benefit out of NIL being paid.  I'm not knowledgeable in this field, but I'd guess the athletes receiving NIL would be viewed as independent contractors.

When viewed that way, NIL may be orthogonal to Title IX, if the college is not considered the employer.

There was a recent question here as to why Stanford might "waste" a scholarship for an athlete from a wealthy family.  Certainly you could say the same thing about a player who is getting 6 or 7 figures of NIL.    Then you get onto the slippery slope  of what a college or its employee (coach) (or maybe even supporter) does to facilitate the payment of NIL, potentially in lieu of a scholarship.  Does that put the college in a different situation w.r.t. being an employer?   And that could lead to deciding that students paying their way because of NIL still count as scholarships for Title IX  purposes.

Lots of messy issues.

[M T]

Is someone looking at the people/organizations that are providing the money for NIL?  Are they treating it properly taxwise?  Exactly what are the athletes doing for the payer that is considered work?  Or is it a gift (for which there are tax consequences once limits are hit)?  Are those payers to be considered the employers?   The NIL is coming from those payers, and not the schools.  The schools (except maybe a few cases) probably are not paying NIL nor funneling NIL.  Moreover, the schools arguably aren't necessarily getting any direct benefit out of NIL being paid.  I'm not knowledgeable in this field, but I'd guess the athletes receiving NIL would be viewed as independent contractors.

When viewed that way, NIL may be orthogonal to Title IX, if the college is not considered the employer.

There was a recent question here as to why Stanford might "waste" a scholarship for an athlete from a wealthy family.  Certainly you could say the same thing about a player who is getting 6 or 7 figures of NIL.    Then you get onto the slippery slope  of what a college or its employee (coach) (or maybe even supporter) does to facilitate the payment of NIL, potentially in lieu of a scholarship.  Does that put the college in a different situation w.r.t. being an employer?   And that could lead to deciding that students paying their way because of NIL still count as scholarships for Title IX  purposes.

Lots of messy issues.