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NCAA Approves New ‘Age-Based’ Eligibility Rule, Prompting More Lawsuits 

Two prominent attorneys are preparing lawsuits on behalf of at least 50 players who won’t benefit from the new model, they told FOS.

Jun 18, 2023; Omaha, NE, USA; An on-deck circle with the NCAA logo is pictured on the field before the game between the Virginia Cavaliers and the TCU Horned Frogs at Charles Schwab Field Omaha
Dylan Widger-USA TODAY Sports

On Tuesday, the NCAA Division I Cabinet voted to unanimously approve a new eligibility policy dubbed the “age-based” eligibility model. The policy will be made official at the conclusion of NCAA cabinet meetings on Wednesday.

The new rule, which applies to all Division I sports, marks a major departure from the NCAA’s long-held model offering players five years to complete four seasons. Under the new rules, players will have five years to complete as many seasons of eligibility as possible starting on their 19th birthday or when they enroll in college, whichever comes first. There will be no redshirts, medical or otherwise, with few exceptions related to military service, pregnancy, or religious missions. 

The model is, in part, an attempt to streamline eligibility rules in the wake of dozens of lawsuits challenging multiple aspects of NCAA eligibility policy, beginning with a lawsuit filed by former Vanderbilt quarterback Diego Pavia in 2024. The policy also echoes an executive order signed by President Donald Trump in April, as well as policies offered in multiple pieces of legislation being considered in Congress

The new eligibility model, broadly supported across college sports, did go through a major transformation during the NCAA’s approval process. 

Originally, the proposal would have had players’ eligibility clocks begin once they either reach their 19th birthday or graduate from high school, rather than once they enroll in college. But for multiple sports, including hockey, that could pose an issue given that players often pursue other developmental leagues, additional prep-school years, or foreign playing opportunities in between high school and college. In early June, the NCAA announced it would start  the eligibility clock at  college enrollment to accommodate these sports’ concerns.

That change didn’t address all the critiques of the policy, however, and the new rules are expected to spark another round of litigation filed by players who will not benefit from them. Though the new model will technically be implemented immediately, it will not apply to players who enrolled in college after 2022, meaning this year’s graduating seniors will not be covered under the policy. 

As a result, many of these players are expected to commence another round of eligibility lawsuits. 

Ryan Downton (who represented Pavia) and Darren Heitner, two attorneys who have represented players across the country in eligibility lawsuits, have teamed up to file a deluge of lawsuits on behalf of more than 50 college basketball players from the high school graduating class of 2022. The basis for their cases: they won’t benefit from the potential extra year of eligibility the NCAA’s new policy would offer.

The lawsuits will be filed in multiple states this week, the attorneys confirmed to Front Office Sports.

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