Introduction

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The landscape of college athletics is evolving rapidly, and the latest guidance from the U.S. Department of Education (DOE) has introduced new Title IX considerations for Name, Image, and Likeness (NIL) activities. Universities and NIL collectives must now ensure that opportunities, publicity, and support for NIL activities are provided equitably across men’s and women’s athletes.

At Student Athlete Score, we specialize in athlete marketing intelligence and have developed tools designed to assist schools in achieving equity in this new environment. Here’s how we help institutions maintain Title IX compliance in their NIL initiatives.

In this article, we’ll outline what’s changed, dive into real data of publicity and promotion, and show how SA Score can help.

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Key Changes in the New Title IX NIL Rules

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The DOE’s latest guidance clarifies that Title IX’s equal opportunity requirements extend to NIL activities in the following ways:

1. Equal Publicity & Promotion
   • Schools must provide equitable publicity and media exposure for men’s and women’s athletes, including through university social media accounts, marketing materials, and digital promotions.
   • If universities actively promote NIL deals or individual athletes, they must ensure balanced representation across genders.
2. Support Services for NIL Activities
   • Schools offering NIL-related resources—such as branding workshops, financial literacy programs, and deal facilitation—must ensure that both men’s and women’s teams receive equal access to these benefits.
   • Any disparities in administrative support could be seen as a Title IX violation.
3. Fair Distribution of School-Provided NIL Compensation
   • If a school directly compensates athletes for the use of their NIL (e.g., licensing deals, influencer partnerships, promotional events), that compensation is classified as athletic financial assistance and must be proportionate to participation rates of men’s and women’s athletes.
4. Third-Party NIL Agreements & Title IX Compliance
   • While schools are not directly responsible for private NIL deals, they must ensure that external NIL activities do not create gender-based disparities in their athletic programs.
   • If a collective disproportionately secures NIL deals for one gender over another, it could still raise compliance concerns for affiliated institutions.

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Case Study: Gender Equity in University Publicity & Promotions

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To illustrate how our platform can help universities ensure compliance with Title IX in NIL activities, we conducted an analysis of social media promotions for a Division I university.

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Findings

• Men’s sport athletes received 65% of total university social media posts, while Women’s sport athletes were only featured in 35%.
• Men’s sport athletes received 87% of impressions from university social media promotions (posts where athletes were tagged), while Women’s sport athletes only received 13%.
• Men’s sport athletes received 90% of engagements from university social media promotions, while Women’s sport athletes only received 10%.

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Looking at the Data

First, let’s analyze the university's sports accounts. This includes all social media posts from university men's and women's sports accounts, as well as the official athletics account, to measure promotional disparities. We define a "promotion" as any post where the university tags an athlete. The data clearly demonstrates a significant gap in social media promotions between men’s sport athlete and women’s sport athletes.

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One might argue that football's large following naturally skews these numbers, but the imbalance persists even when we isolate the official athletics account, showing disparities in promotions across all sports.

This lack of visibility has direct consequences on athletes’ social media presence and NIL earning potential. To illustrate this, we examined the median follower counts of men’s sport athletes and women’s sport athletes at this university. The findings reinforce the notion that disparities in promotion correlate directly with an athlete’s ability to monetize their NIL opportunities.

So, How Can We Help Universities & Collectives Stay Title IX Compliant?

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At Student Athlete Score, we offer powerful social media and NIL analytics to help universities and collectives proactively monitor and adjust their NIL strategies for Title IX compliance.

Addressing the issue starts with data-driven awareness—knowing where disparities exist. The next step is to strategize actionable solutions to close the gap.

1. Comprehensive Data Tracking and Reporting

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Our platform acts as a central hub for monitoring and analyzing athlete promotions and NIL activity. Universities can:

• Track NIL deals across all athletes to identify potential gender disparities.
• Monitor social media promotions and engagements for men’s and women’s athletes.
• Evaluate resource allocation to ensure equal support.

This transparency empowers universities to identify and correct imbalances before they escalate into compliance issues.

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2. Equitable NIL Opportunity Analysis

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Using AI-driven analytics, our platform evaluates how NIL opportunities are distributed among men’s and women’s athletes. By identifying trends in sponsorship attention, schools can:

• Develop strategies to ensure equal promotional efforts.
• Adjust marketing outreach to better support underrepresented athletes.

For example, if disparities in NIL earnings are identified, our insights can help schools reallocate resources to promote equity in sponsorship opportunities.

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3. Tools for Proactive Promotion of Women Athletes

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Ensuring women’s sport athletes receive adequate visibility and opportunities is a persistent challenge. With Student Athlete Score, universities can:

• Implement targeted marketing campaigns that highlight women’s sport athletes.
• Use matchmaking tools to connect women’s sport athletes with sponsors looking for diversity.
• Apply proven promotional strategies to leverage their social media channels to increase exposure for women’s sports.

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4. Sponsorship ROI & Visibility Analysis

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We measure the impact of NIL deals, tracking:

• Social media impressions and brand exposure linked to university promotions.
• How athlete promotions translate into NIL opportunities.
• Ways to optimize sponsorship engagement across men’s and women’s athletes.

This helps universities and collectives prove the value of NIL deals and make data-driven decisions to improve equity in promotions.

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Why Title IX Compliance in NIL Matters

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Non-compliance with Title IX’s new NIL rules can lead to severe consequences, including loss of federal funding, lawsuits, and reputational harm. Ensuring equity in NIL activities is not just about following the law—it’s also about creating a fair, competitive landscape that attracts top athletes and sponsors.

Student Athlete Score is more than just a data tool—it’s a comprehensive compliance solution designed to help schools navigate the evolving NIL landscape. By fostering fairness, transparency, and compliance, we empower institutions to create an inclusive environment for all student-athletes.

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Conclusion: Title IX Compliance in NIL Doesn't Have to Be Complicated

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Title IX compliance in NIL may seem complex, but it doesn’t have to be. With the right data and strategy, universities and collectives can ensure fairness while maximizing NIL opportunities for all athletes. Let Student Athlete Score help your institution stay ahead of the game. Contact us today to learn more about our platform and how it can transform your NIL strategy.

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