Diego Pavia of Vanderbilt granted a preliminary injunction allowing additional eligibility

Diego Pavia of Vanderbilt granted a preliminary injunction allowing additional eligibility

A federal judge in Tennessee issued a preliminary injunction Wednesday allowing Vanderbilt quarterback Diego Pavia to seek another year of eligibility, potentially dealing another significant blow to the NCAA’s ability to enforce its own rules.

Pavia sued the NCAA in November, alleging that the organization’s rule that counts a player’s time in junior college toward his total years of NCAA eligibility was a violation of antitrust law that undermined his opportunities, his name, his image and making money in his image, unjustified.

Judge William Campbell’s ruling Wednesday does not represent a final decision in the case, but it does prevent the NCAA from barring Pavia from college football until the case is resolved.

Pavia threw for 2,133 yards and 17 touchdowns in his first season at Vanderbilt, helping the Commodores to a 6-6 record with upset victories over No. 1 Alabama and Auburn. Pavia previously played two seasons at New Mexico State and another two years at a junior college in New Mexico.

“My lawyers are reputable!!” Pavia posted on X on Wednesday evening after the order was published.

NCAA rules typically allow players a total of five years to play four seasons, but current college players were granted an additional year on top of those limits due to the disruption caused by the coronavirus pandemic. Pavia argued in his first complaint that the NCAA unfairly limited his ability to earn money by counting his years in junior college – which is run by a separate organization – toward his eligibility.

“We’re not saying the NCAA can’t have eligibility requirements,” said Ryan Downton, Pavia’s attorney. “But a junior college season should not be the equivalent of an NCAA season if the junior college season has no significant opportunities to earn NIL, no television exposure. They don’t take other athletes (who play anywhere outside of high school) and I can’t blame them for those seasons.

Downton cited junior hockey leagues and post-graduate prep school leagues in which athletes compete after graduating from high school without losing their eligibility.

The judge’s ruling Wednesday specifically addresses the NCAA statutes that deal with junior college players. It does not prevent the NCAA from enforcing the remaining restrictions it has placed on the number of years collegiate athletes can play a sport. However, the limited injunction could signal that the court system views the NCAA’s eligibility requirements as an unlawful restriction. Campbell is the third judge in the past year to issue an injunction on NCAA rules because he fears they limit athletes’ ability to maximize their earning potential.

NCAA lawyers argued in their response to Pavia’s lawsuit that a ruling in the quarterback’s favor could have far-reaching effects.

“A mandatory injunction that changes the status quo does not just affect the plaintiff, but rather could result in tens of thousands of prospective and current student-athletes negatively impacting their experiences and opportunities at college, just as the next college football season unfolds -Transfer window opens,” the lawyers wrote.

In a statement Wednesday evening, the NCAA said it was “disappointed” by the ruling and was appealing to Congress.

“A change in enforcement of rules overwhelmingly supported by NCAA member schools makes a changing environment even more turbulent,” the statement reads in part. “The NCAA is making changes to provide more benefits to student-athletes, but a patchwork of state laws and court opinions make clear that a partnership with Congress is essential to ensure stability for the future of all college athletes.”

Before Wednesday’s decision, Downton, Pavia’s attorney, told ESPN that the quarterback tried every possible option to get an NCAA waiver that would extend his eligibility before deciding to sue the association.

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