Pleae read the Yahoo article as it explains that NIL money and other booster money is bound by Title IX according to the Dept of Ed opinion:
OCR further stressed that even when NIL payments are made by third parties, such as booster clubs or collectives, schools remain responsible for ensuring that these funds do not create sex-based disparities.
“OCR has long recognized that a school has Title IX obligations when funding from private sources, including private donations and funds raised by booster clubs, creates disparities based on sex in a school’s athletic program or a program component,” OCR wrote. “The fact that funds are provided by a private source does not relieve a school of its responsibility to treat all of its student-athletes in a nondiscriminatory manner.”