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In a legal twist to the NCAA’s $2.8 billion antitrust settlement, eight female athletes from Vanderbilt, Virginia, and the College of Charleston are fighting back. 

The group, represented by the law firm Hutchinson Black and Cook, argues the proposed payout structure violates Title IX. The appeal claims female athletes stand to lose $1.1 billion in back damages because football and men’s basketball players disproportionately benefit.

“This is irreparable harm to women’s sports,” said attorney Ashlyn Hare. “The schools can’t collect federal money while ignoring Title IX.”

At the heart of the issue is whether the NCAA and its member schools are effectively treating this settlement as private enterprise. Similarly to how Nike pays NBA superstar LeBron James. Judge Claudia Wilken, who approved the deal, acknowledged the concern but maintained the case is about antitrust, not gender equity.

The back pay portion is on hold pending appeal, leaving the door open for more Title IX lawsuits. The message from this group of athletes is clear that If schools want to play by new compensation rules, they better not forget the old ones.

This article first appeared on Athlon Sports and was syndicated with permission.

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