So as far as I understand it , the Title IX issue was an opinion handed down by the Dept of Education , I believe it is up to the judge to consider it and if it applies to the settlement. It is all very messy right now and will undoubtedly be further law suits. Here is the best explanation I have found of the Title IX opinion:
Specifically, the Department of Education clarified its opinion that any future revenue sharing distributions from a school to an athlete for NIL rights are classified as “financial assistance.” The DOE further stated that, “[w]hen a school provides athletic financial assistance in forms other than scholarships or grants, including compensation for the use of a student-athlete’s NIL, such assistance also must be made proportionately available to male and female athletes.” In other words, if the revenue paid out by schools to athletes for NIL is paid unproportionately to men’s sports over women’s sports, then a school could be at risk of violating Title IX. The DOE essentially found that any payment by a school to use an athlete’s NIL is akin to an athletic scholarship, therefore requiring payment to be distributed equally among men and woman.