Female athletes appeal landmark NCAA settlement, saying it violates federal antidiscrimination law

Eight female athletes filed an appeal Wednesday of a landmark NCAA antitrust settlement, arguing that women would not receive their fair share of $2.7 billion in back pay for athletes who were barred from making money off their name, image and likeness.

U.S. District Judge Claudia Wilken approved the settlement last week, clearing the way for direct payments from universities to athletes and the end of the NCAA's amateurism model.

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The athletes who appealed the settlement competed in soccer, volleyball and track. They are Kacie Breeding of Vanderbilt; Lexi Drumm, Emma Appleman, Emmie Wannemacher, Riley Hass, Savannah Baron and Elizabeth Arnold of the College of Charleston; and Kate Johnson of Virginia. They have standing to appeal because they previously filed objections to the proposed settlement.

Ashlyn Hare, one of the attorneys representing the athletes, said in a statement that the settlement violates Title IX, the federal law that bans sex-based discrimination in education.

“We support a settlement of the case, but not an inaccurate one that violates federal law. The calculation of past damages is based on an error that ignores Title IX and deprives female athletes of $1.1 billion,” Hare said. “Paying out the money as proposed would be a massive error that would cause irreparable harm to women’s sports.”

The law firm representing the plaintiffs in the settlement issued a statement saying the appeal would delay payments to hundreds of thousands of athletes by a minimum of several months.

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“These attorneys are pursuing an appeal based on a Title IX issue that Judge Wilken already disposed of correctly, quickly and multiple times,” the statement said.

The House settlement figures to financially benefit football and basketball stars at the biggest schools, who are likely to receive a big chunk of the $20.5 million per year that colleges are permitted to share with athletes over the next year. Some athletes in other sports that don't make money for their schools could lose their partial scholarships or see their roster spots cut.

“This is a football and basketball damages settlement with no real benefit to female athletes,” Hare said. “Congress has expressly rejected efforts to exempt revenue-generating sports like football and basketball from Title IX’s antidiscrimination mandate. The NCAA agreed with us. Our argument on appeal is the exact same argument the conferences and NCAA made prior to settling the case.”

The appeal was filed by the law firm Hutchinson Black and Cook of Boulder, Colorado, and was first reported by Front Office Sports. It would be heard by the U.S. Court of Appeals for the Ninth Circuit.

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