Historically, the NCAA has prohibited college student-athletes from accepting money in return for endorsements to ensure athletic programs were not “pay for play.”  Until recently, the only way student athletes could legally receive compensation was through scholarships. Many believed that this was unfair to student-athletes, since universities could make a great deal of money from TV broadcasts and licensing deals, and even though these earnings would not be possible without students’ participation, the rewards received by many students were very limited. However, this has changed in recent years as multiple states have passed laws allowing students to earn money through licensing rights for their name, image, and likeness (NIL). In response to these laws, the NCAA created a new policy in 2021 allowing student-athletes to engage in these types of endorsements. For those who are considering earning money or other compensation with their NIL, it is important to work with an attorney who can provide representation for college student athletes and ensure that their rights and interests will be protected.

NIL Licensing for Student-Athletes in Wisconsin

Under the NCAA’s new policy, college athletes can benefit from the use of their NIL, and they can use professional services providers such as agents, accountants, marketing companies, or attorneys. Any NIL activities must be consistent with the laws of the state where the college is located and the activities should be reported to their school.

It is not uncommon for college students to pursue sexual relationships with others. However, despite best efforts to ensure consent, there can sometimes be mixed signals or miscommunication.  There are also unfortunately instances where no form of consent is obtained. In some cases, students may be accused of committing sexual assault or other forms of sexual misconduct. These students will need to understand the potential consequences they may face, including criminal charges and administrative penalties at a university. To ensure that their rights are protected, those who have been accused of misconduct should work with an attorney who is experienced in representing college students.

Administrative Penalties for Sexual Misconduct

A student who is accused of committing sexual assault or other forms of sexual misconduct may face penalties from their school, even if they are never charged with or convicted of a crime. Once a complaint of sexual misconduct is made to a school’s Title IX office, the school will perform an investigation to gain information about the facts of the case.  In some cases, the school holds a hearing to determine whether misconduct occurred, and issue penalties, which may include suspension, expulsion, or restrictions on the types of activities a person can participate in or their contact or communication with the alleged victim. 

In a college setting, “sexual misconduct” includes more than just sexual assault. These cases can involve sexual harassment such as unwelcome sexual advances or offensive comments, sexual exploitation such as taking or distributing photos or videos of private body parts or sexual activity without a person’s consent, stalking, or dating violence committed against a romantic partner.

As students pursue a college education, they should all be treated fairly and equally. Unfortunately, there are a variety of situations where students may face discrimination, and they may be treated differently based on their sex, gender identity, or sexual orientation. In cases where a student has experienced discrimination, they will need to understand how Title IX, a federal civil litigation law, addresses their situation and provides them with protections. By working with an attorney who can provide representation for college students, victims of discrimination can take legal action to protect their rights.

Protections Under Title IX

Title IX prohibits discrimination on the basis of sex at educational institutions. In addition to discrimination based on sex or gender identity, schools are also prohibited from treating students differently based on issues such as marital status, pregnancy, or parental status. This law applies to any school or program that receives financial assistance from the federal government. Title IX provides protections against discrimination in multiple situations, including:

• Harassment - Students are protected from sexual harassment and sexual assault or other forms of harassment based on their gender or gender identity. A college must respond promptly and effectively to reports of harassment. Students should be aware of their various options both under Title IX and within the criminal justice system if they are the victim of any form of sexual harassment, sexual assault, or sexual violence.
• Admissions - Male and female students who apply for admission to a university cannot be treated differently. A college cannot limit the number of admissions for a certain sex or rank applicants separately by gender. However, a college can take affirmative steps to address existing disparities.
• Financial aid - Different types or amounts of financial assistance cannot be provided to students based on their gender. Eligibility for financial aid cannot be limited on the basis of sex, and a university cannot apply different criteria for financial aid based on a student’s gender. Certain types of sex-restricted scholarships may be administered by a university through wills, trusts, or bequests, but the overall effect of these scholarships cannot result in discrimination on the basis of sex.
• Athletics - Male and female students should have equal opportunities to participate in athletic programs. Students should also be treated equally in terms of the quality of equipment provided, scheduling of games and practices, financial support for travel expenses, opportunities for tutoring, and locker rooms, sports fields, or other facilities of comparable quality.
• Employment - Colleges cannot treat employees, including students who participate in work-study programs, differently based on their sex. Hiring practices cannot disproportionately affect one sex, and a university cannot provide different benefits based on a person’s gender identity.

Contact Our Milwaukee Title IX Attorneys

If you have experienced discrimination while attending or working at a college or university, the attorneys of Gimbel, Reilly, Guerin & Brown, LLP can help you understand your rights and the best ways to address these issues. We will help you take legal action to ensure that you will be treated fairly and equally and that any negative effects you have experienced due to discrimination are mitigated as much as possible. Contact our Milwaukee, WI college student discrimination lawyers at (414) 271-1440 to arrange a confidential consultation.

By: Attorney Jaclyn Kallie

There are multiple types of car accidents that can result in serious injuries to drivers, passengers, or others who may have been involved. Rear-end accidents are sometimes considered to be relatively minor, since they often occur at low speeds, and they may not cause major damage to the vehicles involved. However, these collisions can still inflict injuries on drivers or passengers in a vehicle that is struck from behind. By understanding the types of injuries that can occur, victims can ensure that they receive the proper medical treatment, and they can pursue compensation to address the damages they have suffered.

Injuries That Affect Drivers and Passengers in a Rear-End Collision

By: Attorney Megan Drury

Parents have a legal obligation to make sure their children’s ongoing needs are being met. When parents are married or cohabitating, they will use the income they earn to provide for their family. However, when parents are divorced or separated, child support is usually required to ensure that both parents are contributing to their children’s needs. In many Wisconsin family law cases, calculations of child support obligations are straightforward, and one parent will pay a certain percentage of their income to the other parent. However, there are some unique situations that may require additional calculations. In a recent blog, we looked at child support in cases involving shared placement of children. Some other situations that can make child support calculations more complicated include:

Split Placement

In some cases, child placement orders may state that one or more children will live primarily with one parent, and one or more other children will live with the other parent. In these cases, child support obligations will need to be determined for both parents, and these obligations will be offset.

Recently, the BBC reported that the last will and testament of Prince Philip, the late husband of England’s Queen Elizabeth II, would be sealed for 90 years following his death in April of 2021. While the laws surrounding wills are different in the United States, and they can vary from state to state, some Americans may have wondered if they can take advantage of similar options to ensure that their private affairs will not be made public following their death. By understanding how probate matters are handled in Wisconsin, the state’s residents can determine the best steps they can take to make sure their wishes will be followed correctly while maintaining privacy whenever possible.

Wills and Probate Court

Following a person’s death, the executor of their estate will file their last will and testament in probate court. During the probate process, the executor will take an inventory of the estate, pay any applicable debts or taxes on behalf of the decedent, and distribute the person’s assets to their heirs while following the instructions the decedent provided in their will. Matters handled in probate court are part of the public record, which means that the contents of a last will and testament will be publicly accessible. Court records related to probate litigation will also be available to the public.

By: Attorney Jaclyn Kallie

There are a variety of employment law disputes that may arise between employers and employees.  Wage and hour disputes can occur if one or more employees believe that an employer has committed wage theft by failing to properly compensate them for the work they performed.  Employers and employees in Wisconsin will need to understand how the state’s laws address these issues and the options available for resolving these disputes.

Common Wage and Hour Claims

Wage loss claims may address multiple types of issues, including:

By: Attorney Kristen Nelson

Doctors and other medical professionals are required to maintain a valid medical license. These licenses must be renewed every two years, and the deadline for renewing a physician’s license is October 31 of odd-numbered years. Doctors who are planning to renew their license will need to understand the information they will need to provide in their renewal application. Those who are concerned about the denial of a renewal based on the information they disclose can work with a professional license defense attorney to determine their options for ensuring that they will be able to maintain a valid license and continue practicing medicine.

Information Required in a Medical License Application

In addition to the application form itself, a person will need to provide the following documentation when renewing their medical license:

By: Attorney Cameron Weitzner and Paralegal Rachel Sweet

In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.

Marijuana Possession in Wisconsin

While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.

By: Attorney Max Stephenson

In cases where parents are no longer in a relationship, both parents will be required to support their children financially. While child support is a factor in situations where married parents get divorced, it may also need to be established in other cases, such as when unmarried parents end their relationship. The laws in Wisconsin use a “percentage of income” standard to determine the amount of child support obligations, and the amount paid by the paying parent is calculated by taking a percentage of their gross monthly income based on the number of children being supported. However, this may not address situations where children will spend significant amounts of time in both parents’ homes. In these cases, some additional calculations will need to be performed to determine the parents’ child support obligations.

Child Support in Shared Placement Situations

If a child custody order states that both parents will have physical placement of their children at least 25% of the time, meaning that children stay with each parent for at least 92 days per year, child support obligations will be determined for both parents using the percentage of income standard. Each parent’s obligation will be multiplied by 150 percent to account for the duplication of certain expenses in both parents’ homes. Each parent’s amount will then be multiplied by the percentage of time the children spend with the other parent. The amounts will be offset to determine the amount that one parent will pay to the other.