In an article published as a part of the LEAD1 Association’s January-February 2023 Name, Image, and Likeness (“NIL”) Institutional Report, Nelson Mullins attorneys Daniel Cohen, Alexis Trumble, and Donovan Sowder discussed the potential for academic institutions to be subject to imputed liability under Title IX based on their support of or involvement with NIL Collectives. The trio of authors wrote that, “Under Title IX, a school can be liable for the actions of a third-party if the school provides ‘significant assistance’ to the third-party and the third party discriminates on the basis of sex in its provision of benefits or services to the school’s students or employees.”
“In our last article, we discussed how Title IX provides guardrails for universities’ actions in light of the quickly changing NIL landscape…
