Title IX isn’t about sports though. Sports fall under Title IX, which is broader legislation. Having a class of employee that’s all men like football isn’t going to help get around Title IX at all.I'm not sure how exactly, but I feel like there will be an angle here for these athletic departments to break free of Title IX. These are not just students participating in university sanctioned activities anymore. They are now employees of the school. Feels like that is an opportunity for the lawyers to argue this no longer applies. You also have things like Kentucky spinning off their AD into an LLC, or challenges to the 5 to play 4 rules that again make these people look more like employees than student athletes.
As the whole structure of these programs and relationship changes, that could also redefine how Title IX may or may not apply to these evolved organizations.