The 23 Division I basketball players who are suing the NCAA in Hamilton County, seeking an additional year of eligibility under new NCAA rules, are still eligible to compete this season, after a judge refused to put a key ruling on hold.
The NCAA had asked Hamilton County Common Pleas Judge Chris Wagner to suspend his July 9 preliminary injunction that blocked the NCAA from enforcing its new rules. Attorneys for the NCAA said in court documents that Wagner’s injunction “invites chaos well beyond this case.”
In a July 17 decision, Wagner said suspending his preliminary injunction would cause “irreparable harm” to the athletes. He also found that the NCAA would not be harmed.
The lawsuit filed in June seeks to give a fifth year of eligibility to all athletes who graduated from high school in 2022. When the NCAA adopted the new rules in June, it said athletes could now compete in five seasons, instead of four, but the new rules only applied to those who graduated in 2023 and subsequent years.
The lawsuit pointed out that athletes who graduated high school in 2022 are still within five years of that date, and they should have the same opportunity to play a fifth season that begins this year.
Wagner said the NCAA rules arbitrarily excluded one class of players.
The lawsuit’s 23 plaintiffs include MJ Collins Jr., who announced his commitment to the University of Cincinnati after Wagner’s July 9 ruling. Collins played for new UC coach Jerrod Calhoun at Utah State last season and was the team’s leading scorer.
Another plaintiff, Filip Borovicanin, who played for Xavier University last season, has committed to play for Xavier this year.
The NCAA has said it will appeal. Attorneys for the organization said in court documents that the preliminary injunction “cripples” its ability to enforce rules uniformly across hundreds of institutions.
The NCAA’s attorneys also said Wagner’s decision invites additional eligibility lawsuits. They noted that similar challenges have been filed in five other states – West Virginia, Tennessee, New Jersey, Colorado and Georgia. And according to the NCAA, similar lawsuits are expected in North Carolina, California, Texas and Florida, with others likely on the horizon.
“Experience has shown that, when one eligibility challenge is successful, copycats follow in droves,” the NCAA’s attorneys said.
This article originally appeared on Cincinnati Enquirer: Judge rules against NCAA a second time in eligibility case
Reporting by Kevin Grasha, Cincinnati Enquirer / Cincinnati Enquirer
USA TODAY Network via Reuters Connect
By Kevin Grasha, Cincinnati Enquirer | USA TODAY Network
