As a student-athlete at Indiana University, I see the inequities between male and female athletes every day. It’s the little things, like men’s basketball and football getting priority advising, greater access to facilities, and more team-issued gear. Title IX, enacted in 1972, was designed to prevent exactly those kinds of imbalances by establishing a system of checks and balances to ensure equitable treatment of female athletes. Despite this, as of 2022, nearly 80% of higher education institutions had yet to fully attain compliance with Title IX (Rutgers Business School).
The introduction of Name, Image, and Likeness (NIL) has led male athletes to benefit at even greater levels than their female counterparts. Male athletes are experiencing increased profits and media opportunities as a result of the introduction of NIL, while their female counterparts continue to lag behind.
How does compliance with Title IX impact the distribution of Name, Image, and Likeness (NIL) opportunities among male and female athletes at Power 5 schools?
Key Findings
To explore the relationship between Title IX compliance and NIL distribution at Power 5 schools, I established two standardized indexes: the Comprehensive Compliance Index (CCI) and NIL Index. Using data from the EADA, Opendorse, and Instagram, I collected data on the school’s compliance with Title IX, proportionality of athletes, and the number of athletes engaged in NIL opportunities. Using regression analysis, I modeled how Title IX directly impacted NIL engagement at Power 5 schools and the role of social media in NIL opportunities.
I identified two key findings:
1. Higher Compliance with Title IX Does Not Increase NIL Distribution
While one might assume that schools that commit themselves to providing equal opportunities for both male and female athletes would also see the same pattern in participation in NIL opportunities, this is not true. Schools with greater overall compliance with Title IX saw a significant negative impact on the distribution of NIL opportunities between male and female student-athletes. This was even clearer with the distribution of NIL between each conference, as those with high-performing, revenue-earning men’s teams saw far less participation in NIL from their female athletes. Title IX is not playing as large a role in male and female equity as many think, illustrating a need for serious, quality reform.
2. Social Media Plays a Large Role in Access to NIL
Results of my study show that male athletes, specifically men’s basketball and football players, account for over 35% of NIL earners at Power 5 schools. These athletes, given their popularity, also benefit from having some of the largest social media followings of all student-athletes. These athletes not only benefit from the visibility and revenue that comes from playing such high-profile sports, but also from their massive social media followings that boost their marketability. On average, male programs boast 61,000 more Instagram followers than female programs. Their games are televised, their highlights go viral, and their names become known across campus, creating a cycle where exposure leads to opportunity. Meanwhile, female athletes, regardless of talent, fail to be given the same opportunities or attention.
Policy Implications
The implications of this study were clear: current NIL practices risk reinforcing gender inequities unless action is taken at both the federal and institutional levels. My research challenges the enforcement of Title IX, suggesting that more direct application to NIL can ensure that all athletes, regardless of sex, have equal opportunity to benefit from their Name, Image, and Likeness. By creating a federal NIL framework, schools and athletes can examine the effectiveness of NIL at their respective institution, and better examine how Title IX is being implemented. Furthermore, this framework establishes clearer guidelines for businesses and organizations wishing to engage in NIL with respective athletes.
To further enhance student-athletes’ experience with the changing NIL landscape, schools should invest in the promotion and development of all athletes through improved marketing education, financial literacy, and social media coaching. This, in addition to the required reporting of NIL deals across all sports, can help close the gap in NIL outcomes, giving every athlete the tools to succeed both on and off the field.
Chelsie Lindauer is a senior honors student at the O’Neill School of Public and Environmental Affairs studying Policy Analysis. After graduating, she will continue her education at the O’Neill School, earning her Master’s of Public Affairs with concentrations in Nonprofit Management and Information Systems.
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