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Abstract

Compensating student-athletes is no longer a far-fetched idea.  Lawsuits against the National Collegiate Athletic Association (NCAA) are gaining traction in federal courts, and the NCAA will soon be required to adjust its regulations regarding student-athlete compensation.  Any potential compensation must be given to both male and female student-athletes in substantially proportionate numbers under Title IX of the Education Amendments of 1972.  The Office of Civil Rights (OCR) determines what constitutes substantially proportionate numbers under Title IX, and therefore, the OCR will determine if collegiate institutions are providing proportionate compensation to student athletes.

This Comment argues that allowing collegiate institutions to compensate student-athletes will create a two-tiered Division I system separated by the amount of compensation an institution is able to offer its student athletes.  This Comment suggests that the OCR should consider, among the factors that it presently does, the mission and goals of each institution when it evaluates whether an institution is providing student-athletes with compensation in substantially proportionate numbers.

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