; and (B) shall not discriminate, on the basis of gender, race, or participating sport, in the facilitation of name, image, or likeness agreements for college athletes in the athletic program of or prospective college athletes for any particular institution of higher education. (3) Determinations under title IX For purposes of determinations about discrimination on the basis of sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the support of an institution of higher education or intercollegiate athletic association related to athletes’ names, images, or likenesses shall be considered, including how an institution of higher education or intercollegiate athletic association promotes sports predominantly comprised of women relative to men. (c) Right to representation (1) Ability for college athletes to retain representation An institution of higher education or intercollegiate athletic association may not prevent a college athlete or prospective college athlete from fully participating in intercollegiate athletics based on the college athlete or prospective college athlete having obtained professional representation with respect to a contract or legal matter, including— (A) representation provided by an athlete agent, financial advisor, or collective representative