Appeal Against House v. NCAA Settlement by Women’s Athletes
The House v. NCAA settlement, recently approved by the courts, is now encountering its first legal challenge. A group of women athletes has initiated an appeal, contending that the proposed structure for distributing damage payments is inconsistent with Title IX’s gender equity requirements.
Settlement Details
Initially set to distribute $2.8 billion in back pay to former athletes, the settlement’s financial allocations are now on hold pending the outcome of the appeal. According to NCAA attorney Rakesh Kilaru, the organization has earmarked $285 million for immediate distribution when legally permitted.
Participants in the Appeal
Leading the appeal are eight athletes, primarily from the College of Charleston and other institutions, who argue that the settlement’s financial breakdown favors male athletes disproportionately. Among them are:
- Kacie Breeding (Vanderbilt – Distance Runner)
- Kate Johnson (Virginia – Volleyball)
- Lexi Drumms
- Emma Appleman
- Emmie Wannemacher
- Riley Hass
- Savannah Baron
- Elizabeth Arnold
As noted by attorney John Clune, “We support a settlement of the case, just not an inaccurate one that violates federal law.” The appeal highlights a calculated disparity in damages, suggesting that women athletes would receive only $102 million compared to $2.4 billion allocated to men, a division Clune asserts violates Title IX.
Concerns about Title IX Compliance
Leigh Ernst Friestedt, another attorney representing female athletes, echoed these concerns, stating, “The House Settlement allocates $2.4 billion to men and only $102 million to women.” She emphasized the importance of this issue for female student-athletes nationwide.
Legal Perspectives
Kilaru expressed confidence that the lower court ruling will be upheld, citing Judge Claudia Wilken’s comprehensive 76-page order that addressed many concerns. He explained that the appeals court will evaluate whether Judge Wilken abused her discretion in approving the settlement rather than merely confirming or disputing her judgment.
The House settlement, a landmark decision concerning athlete compensation, arose from the inability of certain athletes to benefit from name, image, and likeness (NIL) revenue prior to its legalization in 2021. The distribution plan indicates that Football and men’s basketball players at Power Five schools from June 2016 to September 2024 would receive 90% of the settlement funds, with women’s basketball athletes receiving 5% and all other athletes sharing the remaining funds.
Future Implications
While the appeal process may delay damage payouts, it is expected that revenue sharing, set to commence on July 1, will proceed unaffected. Judge Wilken’s ruling acknowledged the potential for Title IX violations, allowing class members the right to pursue legal action against any infractions arising from the settlement’s implementation.
As this legal process unfolds, the outcomes of these appeals will be pivotal in shaping the future of equity within collegiate athletics and compliance with Title IX regulations.
