The NCAA has filed an appeal against a U.S. federal judge’s preliminary injunction that granted Diego Pavia an additional year of eligibility. This decision comes amidst the organization’s Division I board of directors granting a waiver to allow athletes in situations similar to that of the Vanderbilt quarterback to compete in the 2025-26 season.
When U.S. District Judge William L. Campbell issued the injunction on December 18, it was specifically limited to Pavia, with the judge suggesting that he had a strong case to show that NCAA Division I eligibility rules had discriminated against him under the Sherman Act. The judge prohibited the NCAA from taking any action against Vanderbilt or any university where Pavia plays during his fifth season.
The NCAA has now appealed Campbell’s injunction to the 6th U.S. Circuit Court of Appeals in Cincinnati. Additionally, the waiver announced by the board on Monday is intended to prevent further legal action by athletes who began their careers at junior colleges and seek extended eligibility to benefit from name, image, and likeness opportunities.
The waiver applies to athletes who have attended and competed at non-NCAA schools for one or more years and allows them to remain eligible for the 2025-26 season if they would have exhausted their eligibility in the 2024-25 academic year while meeting all other requirements, such as progress toward a degree and the five-year period of eligibility.
The Division I Board of Directors and Council had initiated a review of eligibility last June to establish a sustainable framework that would stand up to scrutiny. The NCAA statement emphasized the ongoing efforts to modernize collegiate sports and engage in discussions during upcoming governance meetings in January.
In a twist of fate, the annual NCAA convention is scheduled to take place from January 14-17 in Nashville, Tennessee. Campbell, in a previous ruling, highlighted how current NCAA bylaws had rendered Pavia ineligible to play Division I football in 2025 due to his junior college background. The judge rejected NCAA arguments regarding limitations on junior college athletes’ eligibility, noting inconsistencies in the organization’s rules compared to how prep school athletes are treated.
Campbell underscored the evolution of NCAA eligibility rules over time, from barring freshmen to implementing redshirt provisions. He indicated that Pavia had a strong chance of success under the Sherman Act due to the allegedly anticompetitive effects of the NCAA’s rules on junior college eligibility.
Pavia initiated legal action on November 8 in the U.S. District Court for the Middle District of Tennessee in Nashville, seeking an additional playing season. He has also applied for Vanderbilt’s master’s program in legal studies starting in January and is set to compete for the Commodores against Georgia Tech in the Birmingham Bowl on Friday.
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