Oregon Title IX Lawsuit puts NIL collectives in crosshairs

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In a move that could have far-reaching consequences for the current, collective-driven system of college sports NIL, a group of 32 University of Oregon female athletes filed a class action sex-discrimination lawsuit against their school Friday.

The named plaintiffs, which include 26 members of Oregon’s women’s beach volleyball team and six club rowers, accuse the soon-to-be Big Ten university of violating federal law by depriving them of equal athletic financial aid and other resources. Those other disproportionate resources, the plaintiffs allege, are the benefits UO athletes receive through Oregon’s NIL collective, Division Street, and Opendorse, which hosts the Ducks’ official NIL marketplace.

Though Division Street is a separate legal entity from Oregon, the plaintiffs are attempting to hold the school responsible for what they say are the disparate opportunities the for-profit entity provides female athletes as compared with the men. Crediting the added publicity and support male athletes receive, the lawsuit cites On3’s NIL player valuation rankings, which recently showed three Oregon football players listed among the top-100 college athletes nationally.

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Citing data Oregon submits annually to the Department of Education, the lawsuit notes that while women make up 49% of UO athletes, the school spends only a quarter of its total athletic budget and 15% of its recruiting dollars on them. Accordingly, the lawsuit states, Oregon would have to pay $4.5 million to its female athletes for the past five years to account for just those discrepancies it makes public in compliance with the Equity in Athletic Disclosure Act.

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