C. Peter Goplerud, III

For years advocates for collegiate athletes’ rights have argued that there should be compensation allowed for their participation in intercollegiate athletics.  At the very least these advocates have insisted that the athletes should be able to benefit from the use of their name, image, and likeness (NIL).  In September 2019, California enacted the first law granting NIL rights to collegiate athletes with an effective date of July 1, 2021.  A month later the NCAA Board of Governors unanimously agreed it was time to address its NIL regulations. Subsequently, 27 states have joined in enacting NIL legislation, including 15 that have become effective since July 1.  The remaining dozen will become effective between now and 2023.  Three other states have pending bills with a similar focus.

The Department of Education released the long awaited Title IX regulations focusing on sexual misconduct on May 6.  The regulations were initially proposed in November, 2018.  It is the first time that the Department has issued regulations dealing with sexual harassment or sexual assault.  Previously, the Department has issued Dear Colleague letters setting forth guidance to covered entities.