A federal lawsuit filed by a group of states alleges that the NCAA transfer rule for college athletes violates antitrust law.
The lawsuit, filed in the Northern District of West Virginia, challenges the NCAA’s authority to impose a one-year delay in eligibility for certain athletes who transfer between schools. The lawsuit said the rule “unjustifiably restricts the ability of these college athletes to engage in the market for their work as NCAA Division I college athletes.”
The lawsuit filed by West Virginia and six other states alleges violations of the Sherman Act.
NCAA rules allow underclassmen to transfer once without having to sit out a year. But transferring further as a college student generally requires the NCAA to grant a waiver allowing the athlete to compete immediately. Without it, the athlete would have to sit out a year at the new school.
The NCAA has implemented stricter guidelines for granting those exemptions on a case-by-case basis.
In an interview with The Associated Press, North Carolina Attorney General Josh Stein said the goal was the waiver process.
“As long as a child is in good academic standing and on track to graduate, that child should be able to decide for themselves what is in their best interest, for their personal growth, their happiness, and their economic opportunity,” Stein said. “This is certainly the American way. This is a requirement of federal law. The rule violates that requirement.”
The states are seeking a temporary restraining order against the NCAA from enforcing the transfer rule. The other states involved are Colorado, Illinois, New York, Ohio and Tennessee.
“The NCAA is disappointed by the decision by seven state attorneys general to take legal action — with the tacit support of a small number of schools — with the result that it could mean changing team rosters,” NCAA spokeswoman Alexandra Heath said in a statement. Monthly or weekly. a permit.
“The NCAA believes that if a member school objects to a rule or policy, that member should propose alternative rules that apply to everyone, not resort to lawsuits to override the system it designed.”
The complaint alleges that requiring athletes to sit out could mean losing potential earnings from endorsement deals in their name, image and likeness (NIL) or career. He points to the exposure from competing on national broadcasts, noting: “One game can transform a college athlete from a local fan favorite into a household name.”
“It is ironic that this rule, which was designed to promote the well-being of college athletes, strips them of the ability and opportunity to improve their well-being as they see fit,” the lawsuit said.
Stein, a Democrat running for governor of North Carolina, has been involved in the recent transfer waiver case involving Tar Heels receiver Devontez “Tez” Walker.
The NCAA initially refused to waive the Kent State transfer as a two-time transfer following his stop at North Carolina Central, even though he never played there because the COVID-19 pandemic wiped out NCCU’s 2020 season. UNC fought for months to clear Walker in the difficult case before the NCAA changed its position in October.
Stein also sent a letter supporting Wake Forest men’s basketball player Efton Reid III, who started at LSU before transferring to Gonzaga. The 7-footer finally received a waiver to play on Tuesday and made his debut in the Demon Deacons’ win over Rutgers on Wednesday.
Stein told the AP that the lawsuit arose out of a national conference for prosecutors held in Washington, D.C., this week. Stein participated in a panel discussion about the NCAA there with Colorado AG Phil Weiser, Ohio AG Dave Yost and Ohio Senior Deputy Attorney General Sean Buskin.
“I haven’t heard from any other institution, but I know that other student-athletes at North Carolina are similarly denied the opportunity to play,” Stein said. “So instead of continuing to deal with each case individually, we decided to rescind the rule, because the rule itself is illegal.”
West Virginia Attorney General Patrick Morrisey, a Republican running for governor next year, got involved after the NCAA denied West Virginia basketball player Raekwan Battle a waiver to play right after he transferred from Montana State. Battle previously played at Washington, but did not play this year after the NCAA denied Battle’s waiver and appeal.
Battle, who grew up on the Tulalip Indian Reservation in Washington state, said his mental health is a big reason he is in West Virginia. Patel said in a recent video that he has lost “countless people” to drugs, alcohol and COVID-19.
After Battle visited West Virginia, he learned that current coach Josh Ehlert had been living on the Pine Ridge Indian Reservation in South Dakota with his mother after his parents divorced.
Battle’s coach at Montana State, Danny Sprinkle, left for Utah State after the 2022-23 season. Patel said Sprinkle was one of his main pillars of support and guidance, so staying at Montana State was not an option. Although Patel would have maintained his eligibility had he followed Sprinkle, Patel said his graduation date would have been delayed significantly.
Morrissey said in a statement that the NCAA “failed to recognize the underlying issues involving RaeQuan and many other student-athletes in similar situations — there is no reason why the NCAA could not deny this young man the ability to play the sport that he loves and that helps him.” in that”. His mental health.”
The lawsuit also cited mental health issues in the transfer cases of Southern Illinois basketball player Jarrett Hensley and Southern Illinois football player Noah Fenske. Hensley previously attended UNC Greensboro and Cincinnati, while Fenske also attended Iowa and Colorado.
The NCAA has recently come under fire as a lawsuit has been filed accusing the organization of antitrust violations in relation to its college athlete transfer rule. The lawsuit alleges that the NCAA’s transfer rule, which requires student-athletes to sit out a year after transferring to a new school, unfairly restricts the athletes’ ability to transfer and violates antitrust laws. This controversial issue has sparked a heated debate within the sports community, with many arguing for the need for more flexibility for student-athletes in their transfer options.