Esports are no longer a niche activity tucked away in student rec centers or dorm rooms. Competitive gaming is a billion-dollar global industry, and higher education has taken notice. In recent years, many colleges and universities have launched esports programs, moving from informal gaming clubs to competitive teams with school funding, coaches, and even scholarships. With this growth comes an important compliance question: Does Title IX apply to esports in the same way it applies to traditional athletics?

The short answer: it depends on how the institution classifies esports.

When Title IX’s Reach Goes Beyond the Field

If a college or university incorporates esports as part of its athletic department, Title IX obligations part of traditional sports follow, and Title IX’s three-part test for gender equity still applies.

That test asks whether:

• Opportunities for male and female athletes are provided in numbers substantially proportionate to their respective enrollments; or
• The institution has a history and continuing practice of expanding athletic opportunities for the underrepresented sex; or
• The institution is fully and effectively accommodating the athletic interests and abilities of the underrepresented sex.

This means schools must consider esports alongside other sports when evaluating equity in participation opportunities, resources, and benefits.

When Esports Is Classified as Student Life or a Club

Many institutions avoid this direct application of the athletics test by placing esports under student affairs, student activities, or student life offices, categorizing it as a club or co-curricular activity rather than a sport.

Even in this case, Title IX still applies, but a bit differently:

• The esports program must be made available equitably to all genders.
• Schools must ensure that policies, access to facilities, funding, and participation opportunities do not discriminate on the basis of sex.

However, because it is not considered part of the athletics program, the institution does not need to apply the three-part gender equity test used for varsity sports.

Gender Equity Under the Current Administration

Gender equity in athletics has been a central enforcement priority under the current administration. OCR has launched high-profile compliance reviews and resolution agreements focused on whether institutions are meeting the three-part test, providing equal resources, and expanding opportunities for underrepresented athletes.

With this heightened focus, the male-dominated nature of esports is likely to attract attention if schools treat it as an athletic offering without simultaneously creating opportunities for women. Even when esports is structured as a club, OCR’s broader emphasis on equity means institutions should take proactive steps to recruit, support, and resource women in gaming.

Practical Next Steps for Institutions

Title IX does apply to esports, but how it applies depends on whether a school treats esports as an athletic program or as a student activity. Given the administration’s strong emphasis on gender equity in athletics, institutions should take a proactive approach:

• Audit Your Esports Participation: Track who is participating in esports programs by gender and compare against institutional enrollment data.
• Review Your Scholarships and Funding: Ensure financial support is distributed fairly.
• Evaluate Facilities and Support: Document equity in access to technology, practice spaces (if applicable), and coaching.
• Update Your Policies: Make sure harassment and misconduct procedures explicitly cover esports.
• Get Training: Title IX Coordinators, athletics staff, and student affairs professionals need to understand how traditional Title IX principles apply in this new arena.

ICS offers training designed to meet your needs. From foundations courses that cover the essentials to advanced sessions tackling complex scenarios, our trainings prepare you to address the issues you encounter.