College athletes who had been waiting for an NCAA transfer waiver are now eligible to play, a federal judge ruled Wednesday in a case brought by seven state attorneys general, including North Carolina’s Josh Stein.
Judge John P. Bailey issued a temporary restraining order in Ohio State v. National Collegiate Athletic Association. The case, which alleges that the NCAA’s rules on multiple transfers of athletes violate U.S. antitrust law, was filed last week in the Northern District of West Virginia.
Bailey ruled that for the next 14 days, the NCAA must refrain from enforcing its transfer eligibility rule that requires players to sit out a year, a rule that kept UNC wide receiver Tez Walker off the field at the start of this football season in a high-profile case. .
“As a result of today’s decision affecting Division I student-athletes, the NCAA will no longer implement the one-year residency requirement for multiple transfers and will begin notifying member schools,” the NCAA said in a statement. The association’s spokeswoman explained that the non-implementation only relates to the 14-day order.
The ruling could have an immediate impact on local college sports teams.
N.C. State basketball player Cam Woods and East Carolina basketball player Cam Hayes are among the athletes awaiting waivers. NC State and ECU declined to comment in the immediate aftermath of the ruling. The Wolfpack’s next game is Saturday against Tennessee. ECU plays Florida on Friday.
“I am pleased that the court recognized that the NCAA transfer rule is unlawful,” Stein said in a statement. “I will continue to fight to protect student-athletes to ensure they are free to make their own decisions about what is best for their future.” , just as other coaches, administrators, and students can.”
NCAA representatives did not immediately respond to a request for comment after the ruling.
No penalty
The judge also ruled that the NCAA cannot punish players who play — or schools that allow them to play — while the temporary restraining order is in effect, even if the case is ultimately decided in the NCAA’s favor.
The NCAA has a specific rule (12.11.4.2) that allows it to impose penalties or strike records if injunctive relief is “voluntarily vacated, suspended or vacated or the courts finally determine that injunctive relief is not or was not warranted.” The lawsuit asked that the court block the NCAA from enforcing the “recovery” rule.
“It appears to this court that the purpose of the indemnification rule is to punish challenges to NCAA anticompetitive rules by attempting to deprive courts of the ability to award effective relief and to deprive individual student-athletes and member institutions of the practical ability to rely on court orders in their favor,” Bailey wrote in his order.
The judge scheduled the next hearing on the preliminary injunction for December 27.
“For 14 days, the ruling puts an end to the NCAA forcing athletes to sit out a year,” said Raleigh attorney Landis Barber, who listened to the hearing online and wrote a blog about the sports legal issues.
“Most importantly, given the state of Ohio attorneys having to prove that Judge Bailey is likely to succeed in granting a temporary restraining order, the ruling predicts how the court is likely to rule on a request for a preliminary injunction.”
NCAA transfer rule
In January, the NCAA instituted new rules for college students transferring for the second time that require them to sit out a season or obtain a waiver from the organization. The rule was approved unanimously by the Division I Council, which includes a representative from each Division I athletic conference.
Players are eligible to transfer once as an undergraduate, and are also free to transfer after graduation without sitting out a season.
The waiver process has sparked interest and criticism. Wake Forest basketball player Efton Reid was recently granted immediate eligibility by the NCAA.
The NCAA awarded Walker after a long period of back-and-forth between the school and the league that included lawyers and politicians, including Stein and Gov. Roy Cooper.
The NCAA said last week that it was disappointed that the seven state attorneys general decided to take legal action.
The measure came “with the tacit support of a small number of schools — the result of which could result in team rosters being changed monthly or weekly,” Alexandra Heath, the NCAA’s associate director of external communications, said in a statement last week. “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 judge asked the NCAA’s attorney how many waivers had been granted. The NCAA said it did not have an exact number but added that while the number had been awarded, “most of it” had been denied.
“Why do we restrict student-athletes in this way?” Stein, a Democrat running for governor in 2024, said in an interview with WRAL last week. “They should be able to achieve their dreams like any other American.”
Stein compared the athletes to students on music scholarships, administrators and coaches, such as Duke’s Mike Elko, who accepted a new job at Texas A&M shortly after the Blue Devils’ regular season ended.
“As long as the student-athlete is in good academic standing and is on track to graduate, they should be able to transfer schools,” Stein told WRAL.
The rules for two-time college athletes have changed, as a federal judge has ruled that they can now play without having to obtain a waiver from the NCAA. This decision marks a significant shift in the way that college athletes are able to pursue their athletic careers, allowing them the freedom to participate in their chosen sport without being hindered by restrictive regulations. This ruling has the potential to greatly impact the landscape of college athletics and provide additional opportunities for athletes to showcase their talents at the collegiate level.