Title IX is silent as to NIL, and it wasnt even a thought in 1972 when title IX was passed. The new, conservative, Supreme Court has repeatedly struck down expansive readings of old federal laws to cover new situations, saying it is Congress' duty to amend existing laws, not administrative agencies.
I would NOT apportion NIL based on gender, but actual value--unless the university wants an equal distribution. The feds cant force NIL, a lot of which is privately funded, to go to underserving athletes based on gender.
This will be challenged, and it will go to the Supreme Court. The sct has already struck down affirmative action, I cant imagine it would uphold this DOE ruling based on a 1972 law.
NOT POLITICS< JUST FACTS> It is telling that this came out right before the new Trump-appointed head of the DOE takes charge. Trump has said he wants to get rid of the DOE entirely, so Im not sure this ruling even lasts more than a couple of days.