CHARLESTON, W.Va. >> College athletes who were denied the opportunity to play immediately after transferring for a second time can return to competition — for now — after a federal judge issued a 14-day temporary restraining order today against the NCAA.
U.S. District Judge John Preston Bailey in Northwest Virginia issued an injunction against the NCAA from enforcing the transfer rule. A lawsuit filed by West Virginia and six other states alleged that the rule waiver process violated federal antitrust law. The order paves the way for athletes to play during the two-week period and also ensures that schools are not penalized for allowing it.
The NCAA said in a statement that it would comply with the order and notify schools.
The ruling comes as the transfer window is open for football and creates an opportunity for players who have already transferred using the so-called one-time exception to immediate eligibility to enter the portal again and be cleared to compete next season.
A hearing on the restraining order is scheduled for December 27.
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.
Last January, the NCAA implemented stricter guidelines for granting those waivers on a case-by-case basis.
The transfer rule “is the exact type of unreasonable restraint on trade within labor markets that the relevant antitrust laws prohibit,” and that the plaintiffs “have a strong likelihood of success,” Bailey wrote.
The states participating in the restraining order request are Colorado, Illinois, New York, North Carolina, Ohio, Tennessee and West Virginia.
It was not immediately clear whether any of the affected players would attempt to compete during the 14-day period.
West Virginia basketball player RaeQuan Battle transferred this season from Montana State after previously playing at Washington and sitting out.
“I’m in the gym every day with the team, with the blood, sweat and tears with them,” Patel told the court today. “When the ball is thrown up and that tip-off starts, I’m not a good fit. That’s what hurts me the most.”
Battle, who grew up on the Tulalip Indian Reservation in Washington state, said his mental health was the main reason he came to West Virginia. Patel said 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 and felt a connection with the coach.
West Virginia’s next game is Saturday in Springfield, Massachusetts, against UMass.
“We are consulting with West Virginia University’s general counsel along with outside counsel before making a decision on the eligibility of any of our student-athletes,” the West Virginia Athletic Association said in a statement. “We will discuss this matter with our student-athletes to make the best possible decision considering the potential consequences of our decision.”
Battle has the opportunity to play in at least three matches before the 14-day period expires.
“Welcome to the party,” West Virginia forward Quinn Slaczynski said on social media.
West Virginia Attorney General Patrick Morrisey said he “looks forward to proving once and for all” that multi-transfer athletes should be able to play without a waiting period.
An alleged lawsuit requiring athletes to sit out could mean losing potential profits from endorsement deals in their name, image and likeness (NIL) or career. She cited 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.
A recent transfer waiver case involved North Carolina State wide receiver Devontez Walker. The NCAA initially denied him a waiver as a two-time transfer. He previously played at Kent State and also made a stop at North Carolina Central, 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.
The waiver process has become a source of frustration throughout college sports. Since the rules were changed to allow all athletes to transfer once before graduation and immediately qualify to compete, some question whether any exceptions should be made for athletes looking to transfer again as college students.
“I’ve worked on the NCAA men’s basketball side for a while on some committees, and you ask most coaches and they’ll say, ‘We don’t want any concessions,'” Conference USA Commissioner Jodi McLeod said last week during a panel discussion at the Games Forum. Intercollegiate powers in Las Vegas: ‘There shouldn’t be any waivers.’ “But as soon as they get a kid they want to be eligible, they’re all asking for a waiver.”
The NCAA recently announced a new rule allowing college athletes who transfer schools twice to be eligible to play immediately at their new institution. This decision has sparked a lot of controversy and debate within the world of college athletics. Some argue that this new rule provides athletes with more freedom and opportunities to find the right fit for their academic and athletic careers, while others worry that it could lead to an increase in player movement and instability within college sports. Regardless of the differing opinions, it is clear that this rule change will have a significant impact on the landscape of collegiate athletics.