With New Lawsuit, 5th Year Eligibility Battle Reaches NCAA D-II, D-III

A new eligibility lawsuit against the NCAA could give thousands more players a fifth year of eligibility—this time from Divisions II and III.

This week, Division III men’s basketball player Benjamin Pearce filed a federal proposed class action lawsuit arguing that Division II and Division III athletes from the freshmen class of 2022, who had previously completed four years of eligibility, should be granted a fifth year. 

The case, filed in the Southern District of California, asks for an injunction that not only prevents the NCAA from implementing its restrictions on the class of 2022 in D-II and D-III, but also prevents it from enforcing roster limits and revenue-sharing caps from the House v. NCAA settlement as a way to keep these players from landing roster spots. 

If Pearce is successful, the ruling could apply to all lower-division athletes from this group across the country.

“Plaintiff Pearce, like the rest of the Class, is now in limbo,” the complaint reads. “He properly entered the Transfer Portal; he garnered interest from Division I schools; he was extended invitations of interest to play a fifth year at Division I schools; and the NCAA, without reason or justification, pulled the rug out from under him (and others).”

For the past two months, the NCAA has faced a wave of lawsuits challenging the implementation of its new “age-based” eligibility policy for all athletes in Division I. The new rule, passed in June, said that players could have five years to complete five seasons of competition (up from four) beginning on their 19th birthday or when they started college, whichever came first. But the NCAA declined to grandfather the freshman class of 2022 into that rule. So players who entered college in 2022 and completed four seasons in four years would be eligible for a fifth season.

While the initial wave of lawsuits were filed in state court, a group of players led by Northern Colorado basketball player Brock Wisne filed a federal proposed class action that asked for an injunction applying to all Division I athletes. On July 31, Colorado district court judge Charlotte Sweeney granted that injunction, making thousands of players eligible at once. (The NCAA is currently appealing the federal ruling.)

The Pearce case is in a similar spirit. The NCAA implemented the same age-based policy (and class of 2022 restriction) for D-II on Aug. 5, and has a D-III proposal pending.

The 27-page complaint explains that Pearce enrolled at Emory University in 2022, and played four years of NCAA men’s college basketball at the Division III level. He notched several accolades during his tenure, including being named the D3hoops.com Player of the Year this past season. 

Pearce is seeking a fifth year in part because he has received interest from multiple D-I programs, the complaint says, which could open doors not just for potential future professional competition, but also NIL (name, image, and likeness) and revenue-sharing opportunities. He was one of the few athletes who entered the transfer portal during the 2026 window.

“Multiple Division I schools expressed interest in Plaintiff Pearce’s transferring so he can play basketball for them in what should be his fifth year of collegiate eligibility were he to transfer to a Division I school. … Were Plaintiff to transfer to a Division I school, he would be eligible for additional scholarships, greater NIL earning potential, and an enhanced post-collegiate salary,” the lawsuit says.

If he’s successful, Pearce’s case deals another significant blow to the NCAA’s already beleaguered eligibility policy.

One of the plaintiff attorneys in the case declined to comment. The NCAA did not immediately respond to a request for comment.