I'd actually want to hear the argument for why funds raised, however tenuously, to support a player's name, image and likeness as representative of their individual media value, would be distributed instead, even in part, to players no one has heard of.
I think the ISU collective has been very responsible in raising and distributing funds for as many players as possible and getting those kids to give back to the community in return.
The argument is that this is how it’s been forever. Non-revenue sports have always been funded by TV contracts of football and sometimes men’s basketball. If you want to take federal money and get the tax protections of being a government entity, you’re going to have to play by the rules under Title IX. As much as we call college athletics a business now, it is not an independent business. So money that comes into the AD still falls under Title IX protections, regardless of the source. Money from the collectives would not fall under Title IX as those purposefully setup as independent entities.
That’s the argument based on the law on the books. Now, I’m not going to come out and say that it’s right, but right and wrong aren’t the arguments in this case. If you offer 50 women’s scholarships today and now you say we’re going to have to cut scholarship offerings to support the $20m NIL cost, that’s going to end up in court. If you’re maintaining the same opportunities to women as today but not offering additional NIL money, that’s more of a gray area that I’m sure will go to court. I just don’t know if it’ll hold up.