Eight female athletes file first appeal claiming Title IX violation in House vs NCAA damages payment structure: reports
The first appeal to the backpay part of the landmark federal case House vs NCAA (approved late last Friday) was filed Wednesday, according to media reports. (Photo: File)
The first appeal following federal Judge Claudia Wilken’s approval last Friday of the House vs NCAA landmark settlement was filed Wednesday, according to multiple media reports.
The appeal claims that the billions in backpay damages is skewed toward men’s sports. The appellants say that action violates the federal Title IX “gender equity statute,” CBS Sports reported.
The $2.8 billion in backpay payments — to former athletes — are anticipated to be delayed, due to the appeal. The pay is intended for former athletes, who couldn’t earn NIL (name, image, and likeness) money before 2021.
The established revenue-sharing model, however, also part of the settlement, is anticipated to move forward starting July 1.
The eight women in the lawsuit are Kacie Breeding Vanderbilt; Lexi Drumm, Emma Appleman, Emmie Wannemacher, Riley Hass, Savannah Baron and Elizabeth Arnold from the College of Charleston; and Kate Johnson from the University of Virginia.
“The House settlement used a formula to determine how to distribute money to a wide collection of athletes. Football and men's basketball athletes who received full scholarships at Power Five schools from June 15, 2016, to Sept. 15, 2024, are set to receive 90% of the more than $2 billion settlement. Women's basketball athletes will receive 5%, and all other athletes will split the remaining 5%.
All eight athletes filing the appeal are part of the third class. Most played volleyball or soccer at their respective schools.
"The settlement suggests schools would have paid male athletes over 90% of their revenue over the past six years as though Title IX didn't apply," objecting attorney John Clune wrote in a statement to CBS Sports. "If Nike wants to do that, that is their choice. If the school, or a conference acting on the school's behalf tries to do that, they are violating the law. They can either pay the athletes proportionately or they can return all of their federal funds. But they can't do both."
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