Most institutions today are failing to support female athletes equally to males in publicity, promotion, recruiting and athletic financial aid. These failures are now significantly compounded by a new form of inequality: payments to student athletes for use of their names, images and likenesses, known as NILs.

In a recent letter sent to the Office of Civil Rights of the Department of Education, The Drake Group requested that the agency issue guidance warning institutions, their conferences and national governance organizations of their obligations under Title IX and how they apply to these new NIL-related activities, and that actions by “collectives” may be attributed to the universities.