Eight female college athletes from soccer, volleyball, and track and field have filed an appeal against the NCAA’s recent antitrust settlement, alleging that the $2.7 billion agreement violates federal anti-discrimination laws and fails to fairly compensate women’s sports. The athletes claim the proposed settlement will disproportionately benefit football and men’s basketball players, while depriving women’s teams of a significant portion of the funds allocated for compensation under Title IX.
The settlement, approved by U.S. District Judge Claudia Wilken, allows colleges to directly pay athletes for their name, image, and likeness (NIL) rights, potentially distributing $2.7 billion in back pay for athletes who were previously barred from monetizing these rights. However, the eight women argue that the current distribution model ignores Title IX and would unfairly advantage revenue-generating sports like football and basketball. They claim the settlement’s calculation of damages excludes women’s sports, depriving them of up to $1.1 billion in fair compensation.
The appeal, led by athletes including Kacie Breeding of Vanderbilt and others from the College of Charleston and Virginia, is being represented by attorneys from the law firm Hutchinson Black and Cook. The athletes insist that the settlement would cause irreparable harm to women’s sports, as it could result in the loss of scholarship opportunities or roster spots for athletes in non-revenue-generating sports. The legal team argues that the NCAA and its conference partners had previously rejected attempts to exempt football and basketball from Title IX’s antidiscrimination mandates, and now the settlement threatens to do the same.
Under the agreement, colleges are allowed to share up to $20.5 million per year with athletes, with the majority of the funds likely to go to football and basketball players at large schools. This has raised concerns that other sports, particularly those with less financial revenue, may suffer financially. The appeal is set to be heard by the U.S. Court of Appeals for the Ninth Circuit, marking a critical step in the ongoing legal battle over equitable compensation for college athletes.
Legal experts and sports analysts have noted that the case could have far-reaching implications for college athletics, shaping how compensation is distributed across different sports and reinforcing the importance of Title IX in maintaining gender equity in collegiate sports. The athletes’ challenge highlights the broader debate over fairness and financial equity in intercollegiate athletics, as institutions and leagues continue to navigate the evolving landscape of athlete compensation.