The recent congressional briefing paper on Computation of Title IX Compliance under the Terms of the House v. NCAA Settlement sheds light on a pressing issue facing college athletics: how to balance new athlete compensation with long-standing gender equity law. As the NCAA and its member schools navigate the most sweeping financial shift in college sports history, the core principle of Title IX remains unchanged—male and female athletes must receive equitable treatment in financial assistance.
The memo begins by explaining how Title IX compliance is determined. Universities must first calculate participation rates for male and female athletes, then compare those percentages to the share of total athletic financial aid each group receives. Any variance greater than one percent is considered inequitable unless justified by legitimate, nondiscriminatory factors. Using data from a sample Power Five university, the paper finds a 1.3% shortfall for female athletes—about $637,000 in underfunding. Correcting this imbalance would require increasing financial aid for women to achieve proportionality.
The House v. NCAA settlement complicates this picture. The agreement allows schools to distribute up to $20.5 million annually to athletes beginning this year, with that amount projected to grow to $33 million within a decade. However, most Power Five institutions are already directing the majority of these funds to football and men’s basketball, raising concerns about ongoing Title IX violations. The paper notes that 57 of 65 Power Five universities were out of compliance based on their 2023–24 data and warns that ignoring gender proportionality in these new payments could lead to lawsuits and federal penalties.
Still, the briefing makes clear that institutions can legally prioritize certain sports—such as football or basketball—as long as overall financial aid remains proportional across genders. Title IX does not require identical treatment sport-by-sport but rather ensures that, in total, male and female athletes receive benefits consistent with their respective participation rates. A school could therefore fund football heavily if women collectively receive their fair 48% share of total aid.
The document also illustrates how the settlement alters scholarship structures and roster limits. In one example, a Power Five university could award up to 701 full scholarships under the new rules—over 400 more than previously permitted by NCAA regulations. Only the first $2.5 million in new scholarships would count against the $20.5 million settlement cap, giving schools significant flexibility to expand women’s scholarships and meet Title IX obligations without cutting into their capped compensation pools.
Appendix A of the paper rejects the common argument that settlement payments fall outside Title IX’s scope. Whether the funds come from scholarships, revenue sharing, NIL agreements, or Alston academic awards, all financial benefits connected to participation in athletics must be distributed without sex-based discrimination. The memo cites federal statutes and court interpretations that make clear: “benefits” under Title IX include all forms of compensation, not just tuition-based aid.
For BYU–Idaho, which currently does not sponsor intercollegiate athletics, these national developments hold valuable lessons. Should the university ever restore varsity sports, it would need to design an athletics model that honors both its gospel-centered mission and the legal framework governing college athletics. Title IX would require that any financial aid or scholarship opportunities be offered equitably to male and female athletes, regardless of sport. More importantly, BYU–Idaho could use its unique position to model an approach to athletics that prioritizes educational, spiritual, and personal growth over revenue generation—proving that sports can build disciples of Christ while still maintaining full compliance with federal law.
As the landscape of college sports continues to shift, one truth remains clear: fairness is not optional. The future of athletics—at every level—will depend on institutions balancing innovation with integrity.










