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ARTICLE · 28 OCTOBER 2015

Title IX Implications Of The O'Bannon Decision

Holland & Knight
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The recent O'Bannon v. NCAA decision affirmed that the NCAA must allow colleges and universities to award scholarships up to the full cost of attendance for Division I men's basketball and football programs.

United StatesConsumer Protection
Holland & Knight
Holland & Knight
David J. Santeusanio
David J. Santeusanio
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Philip Catanzano is Senior Counsel and David Santeusanio is a Partner in the Boston office.

HIGHLIGHTS:

  • The recent O'Bannon v. NCAA decision affirmed that the NCAA must allow colleges and universities to award scholarships up to the full cost of attendance for Division I men's basketball and football programs.
  • Allowing institutions to change the overall amount of athletic financial assistance to Division I men's basketball and football teams has the potential to create an imbalance that violates Title IX.
  • While the O'Bannon decision may be appealed further, in the immediate short term, colleges and universities seeking to alter student-athlete compensation practices will be challenged to ensure gender equity in athletics in accordance with Title IX.

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