The NCAA's Breaking Point for Equal Opportunity: A Title IX Perspective on Name, Image, and Likeness Sponsorship Legislation

Author

Joshua C. SorbeFollow

Date of Award

Spring 2020

Document Type

Honors Thesis

Department/Major

Economics

First Advisor

Tyler Custis

Second Advisor

Mandie Weinandt

Third Advisor

Jamie Oyen

Keywords

Title IX, Gender, Athletics, Sports Law, NCAA, Expenditures, Participation, Equity, Equality, Budgets

Subject Categories

Econometrics | Economics | Economic Theory | Education Law | Entertainment, Arts, and Sports Law | Law and Economics | Law and Gender | Social Statistics

Abstract

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions that allow for inequitable gender expenditures have diluted the underlying intent of the rule: equality in sports. Given the narrow population NIL legislation likely would benefit, this study emphasizes the need to take into account the values safeguarded by Title IX when revising policies impacting amateurism, athlete benefits, and gender equity.

Recommended Citation

Sorbe, Joshua C., "The NCAA's Breaking Point for Equal Opportunity: A Title IX Perspective on Name, Image, and Likeness Sponsorship Legislation" (2020). Honors Thesis. 73.
https://red.library.usd.edu/honors-thesis/73