• Loading stock data...
Sunday, June 1, 2025

Vandy QB Pavia Sues NCAA for 2 More Years of Eligibility

Diego Pavia and the Commodores beat Alabama. Can he beat the NCAA’s eligibility rules and capitalize on his newfound fame?

Vanderbilt Commodores quarterback Diego Pavia (2) throws the ball as Auburn Tigers take on Vanderbilt Commodores at Jordan-Hare Stadium in Auburn, Ala., on Saturday, Nov. 2, 2024. Vanderbilt Commodores defeated Auburn Tigers 17-7.
Jake Crandall/Montgomergy Advertiser via Imagn Images

Vanderbilt quarterback Diego Pavia is suing the NCAA, arguing that the association’s rules limit his NIL (name, image, and likeness) earning potential because he went to junior college.

Pavia’s case, filed down the road from Vandy with the US District Court for the Middle District of Tennessee in Nashville, hinges on whether the NCAA’s eligibility rules violate the Sherman Antitrust Act. The lawsuit alleges that the NCAA abuses its monopoly power, to the detriment of student athletes. (The NCAA has not yet responded to an FOS request for comment.)

“Athletes playing football outside of the NCAA monopoly have no meaningful opportunity to profit off their name, image, and likeness,” the lawsuit states. “Even so, JUCO Eligibility Limitation Bylaws restrict the ability of athletes who begin their college football careers in junior colleges from having the same opportunity to profit from NIL as students who enter an NCAA institution as freshmen.” 

While junior college athletes can earn NIL money, it’s nothing compared to what’s available to NCAA players. A player who begins his athletic career at an NCAA school has four years of eligibility over five years. JUCO transfers burn up one year of eligibility for each year they play junior college football.

Pavia began his college career in 2020 at New Mexico Military Institute, leading the team to the National Junior College Athletic Association championship in his second year. In 2022, Pavia earned the starting job at New Mexico State, playing there for two years before transferring to Vandy in January. (That makes up five playing years, but is allowed because athletes like Pavia who played in 2020 get an extra year due to the COVID-19 pandemic’s effect on that season.) 

In addition to asking the court to strike down NCAA bylaws restricting competition limitations on junior college transfers, Pavia is seeking two additional seasons of eligibility—in essence, replacing those two years at New Mexico Military.

Mit Winter, an attorney specializing in NIL, thinks Pavia has a case.

“The big question will likely be whether the NCAA can show there are procompetitive justifications for limiting the number of years someone can be a college athlete. … Based on recent court decisions, and the evidence that’s been developed in those cases, that may be hard to do.

“If he’s given those two additional years, he’d presumably make a significant amount of NIL compensation during those two years,” Winter said.

Pavia’s case places one more stress test on the NCAA’s compensation rules, which are a work in progress. 

After losing the landmark Supreme Court case NCAA v. Alston in June 2021, the NCAA was forced to allow its college athletes to receive compensation when their name, image, or likeness is used for commercial purposes. That class action successfully argued that the NCAA’s ban on student-athlete compensation violated antitrust laws.

The NCAA has faced multiple lawsuits from current and former players in the years since enacting its “interim NIL policy.” In June, members of the 1983 North Carolina State championship-winning basketball team sued the NCAA for using them to market March Madness without compensation. Heisman Trophy winner Reggie Bush and other former athletes have also filed lawsuits seeking back pay. Pavia is enjoying a fine season with 6–3 Vanderbilt, throwing for 15 touchdowns and only 3 interceptions heading into Saturday’s showdown with South Carolina.

Despite his success in the SEC, however, the 6-foot, 207-pound QB may go undrafted in the NFL, giving him extra incentive to maximize his college earnings. After helping the Commodores knock off then-No.1 Alabama in October, Pavia positioned himself for new NIL deals, going so far as to post his agent’s phone number on social media. However, he disputed his association with some merchandise that was sold bearing his likeness.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

breaking

Pacers-Thunder Is Lowest-Payroll NBA Finals in Years

Neither team is in the luxury tax, despite rosters with multiple All-Stars.
exclusive

Newly American-Owned Italian Hoops Team Hires Ex-Pelicans Exec as GM

Napoli Basketball is hiring the Pelicans’ former chief of staff as GM.

Featured Today

PSG and the City of Paris Can Join European Soccer’s Elite

What a maiden Champions League title would mean for the French club.
May 30, 2025

How the Champions League Anthem Took on a Life of Its Own

The composer didn’t know he wrote a timeless hit three decades ago.
May 25, 2025

How Rolex Paved the Way for Luxury’s Love Affair With Tennis

“It’s almost impossible to think about tennis without thinking about Rolex.”
Mar 23, 2025; Miami, FL, USA; Alexandra Eala (PHI) reacts after winning a point against Madison Keys (USA)(not pictured) on day six of the Miami Open at Hard Rock Stadium.
May 24, 2025

Alex Eala Is Defying Her Country’s Odds to Make French Open History

The Philippines native has overcome a unique set of financial odds.
Mar 28, 2025; Atlanta, GA, USA; Mississippi Rebels forward Jaemyn Brakefield (4) rebounds over Michigan State Spartans center Carson Cooper (15) and Mississippi Rebels guard Matthew Murrell (11) in the second half of a South Regional semifinal of the 2025 NCAA tournament at State Farm Arena.

SEC Increases Court Storming Fine to $500K—With Caveat

The SEC used to fine schools $500,000 as a third-time offense.
May 29, 2025

Former Seton Hall Baseball Player Sues Over Sexualized Hazing

The student says the coach knew about the hazing and failed to act.
May 29, 2025

Brett Yormark: Big 12 Puts Private Equity and Naming Rights on Pause

Big 12 commissioner Brett Yormark is shifting his conference’s strategy.
Sponsored

Game On: Portfolio Players Stories, Brought to You by E*TRADE from Morgan Stanley

In Episode 7 of Portfolio Players, go inside the boardroom with Avenue Capital CEO and former Milwaukee Bucks co-owner Marc Lasry on Giannis’s future, women’s sports, and upstart leagues like TGL and Unrivaled. 
May 29, 2025

Brian Kelly Pushes for SEC–Big Ten Alliance. Would It Widen the Gap?

A deal, if completed, would further strengthen college football’s two titans.
Mar 16, 2025; Fort Worth, TX, USA; UAB Blazers forward Yaxel Lendeborg (3) drives to the basket as Memphis Tigers forward Nicholas Jourdain (2) defends during the first half at Dickies Arena.
May 28, 2025

Prospects Picking College Over NBA Draft at Record Rate

The 2025 NBA draft has its lowest number of early entrants since 2015.
Tennessee pitcher Brayden Krenzel (34) pitches during a NCAA baseball game between the Tennessee Volunteers and Vanderbilt Commodores at Lindsey Nelson Stadium on May 11, 2025.
May 27, 2025

SEC Stranglehold on College Baseball Continues

SEC schools will host eight of the 16 regionals set to start this weekend.
May 22, 2025

Can Golf Emulate the College World Series Model?

Carlsbad, Calif., is hosting the event through 2028.