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A federal lawsuit claiming that the University of Oregon’s athletic department engaged in gender discrimination under Title IX because of, among other things, disparities in NIL opportunities, is pending in Eugene, Oregon. The plaintiffs are female athletes from the university’s beach volleyball and club rowing teams, and they allege that there are significant disparities in NIL opportunities and compensation.

Arthur Bryant, a Title IX attorney, objects to a $2.5B NCAA settlement, claiming it unfairly benefits male athletes, breaches federal laws, and lacks separate representation for conflicting interests

The deadline to formally object to a landmark settlement of antitrust cases facing the NCAA passed late last week with more than 35 filings to the court. Numerous challenges have been made to how $2.8 billion in damages is expected to be divvied up among claimants, proposed roster restrictions some say unfairly limits opportunities for college athletes and whether the deal violates Title IX.

The proposed class action settlement in In re Collegiate Athlete NIL Litigation, publicly known as House v. NCAA, cannot stand. It discriminates against women athletes in violation of Title IX, replaces one illegal price-fixing agreement with another, and creates roster limits that are already depriving thousands of athletes of the chance to play college sports. It also flouts both the class action rules and the U.S. Constitution, which require that class members with conflicting interests—like the female and male athletes here—be represented by separate lawyers devoted to them.

Coaches and non-management staff members at the University of Oregon are permitted to speak with attorneys representing current and former members of the school’s varsity beach volleyball and club rowing teams, who filed a federal Title IX lawsuit, following a court ruling this week. The university separately filed a motion to pause discovery until the court rules on three of its pending motions to dismiss aspects of the case.

The Department of Education’s Office for Civil Rights (OCR) has issued guidance regarding college athlete name, image and likeness, putting the onus on schools to ensure their male and female athletes receive proportionate NIL opportunities and resources regardless of whether the funding comes from external sources.

The plans that many major college athletic departments are making for how they will distribute new direct payments to their athletes would violate Title IX law, according to a memo published by the U.S. Department of Education on Thursday.