Schools Should Not Dismiss The Biden Administration’s Final Title IX Guidance

By Dan Cohen and Jennifer L. F. Cohen In the waning days of the Biden administration on January 16, 2025, the Office for Civil Rights of the U.S. Department of Education (OCR) issued a Fact Sheet to “clarify” how Title IX will apply to universities’ name, image and likeness (NIL) payments to their student-athletes under the proposed House v. NCAA settlement. The Fact Sheet was not well received by the industry.  Many people were dismissive of it because it was not a le