Page 7 - OGC Annual Report 2024

ANNUAL REPORT 2024 7
Navigating Changes in College Athletics
The past year has seen significant developments in college athletics as court
cases continue to re-shape the longstanding rules regarding amateurism. OGC
has worked closely with the Department of Athletics on Name, Image, and
Likeness (NIL) issues, i.e., new rules that allow college athletes to receive
compensation for the use of their NIL, as well as issues surrounding collectives,
i.e., non-University booster entities that make and/or facilitate contracts with
college athletes for the use of their NIL. OGC is also monitoring and advising
on the proposed settlement of several federal court cases filed by college
athletes against the National Collegiate Athletics Association (NCAA) and
the Power Five athletics conferences. If approved, the settlement will bring
even more changes, including the ability of schools to distribute a share of their
media, sponsorship and ticketing revenue with college athletes.
Gopher Ordnance Works at UMore Park
In 2017, the University sued the federal
government and E.I. Du Pont De
Nemours (DuPont), under federal and state
environmental protection laws, seeking to
recover costs incurred due to environmental
contamination at UMore Park relating to the
former Gopher Ordnance Works. The federal
government and DuPont operated Gopher
Ordnance Works during the Second World
War to produce smokeless gunpowder and
related materials. The federal court recently
approved a settlement under which the
federal government will pay the University
$13 million.
Title IX
In April 2024, the U.S. Department of Education published new Title IX regulations effective August 1, 2024. Title IX is a federal
statute that bars discrimination on the basis of sex in educational programs and activities that receive federal funding. The new
regulations establish very detailed procedures for schools to follow when they learn of sex discrimination, which includes sex-based
harassment, sexual misconduct, differential treatment sex discrimination, and related retaliation. The new regulations also define
sex-based harassment as harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation,
gender identity, and gender expression. To bring the University into compliance with these new regulatory requirements, the OGC
collaborated with the Equal Opportunity and Title IX Office (EOT) to update several University policies, including Board of
Regents policies on faculty tenure and student conduct, the University’s civil service employment rules, and Administrative policies
on conflict resolution and discrimination. These proposed updates were informed by extensive systemwide consultation with faculty,
staff, and students. OGC and EOT presented these amended policies to the Board of Regents for review on July 10. Days prior
to the July 22 meeting at which the Board was slated to approve the new policies, a federal court enjoined the Department of
Education from implementing or enforcing the regulations against the University. Therefore, the Board passed a resolution at the
July 22 meeting delegating to President Cunningham the ability to implement the new policies at a future date in the event the
injunction is lifted.