Vanderbilt’s quarterback, Diego Pavia, has initiated legal action against the NCAA due to restrictions imposed on athletes who transfer from junior colleges to Division I institutions.
Pavia contends that these regulations unjustly limit student-athletes’ capacity to profit from name, image, and likeness (NIL) opportunities, significantly impacting their financial prospects.
The lawsuit was lodged on Friday in the U.S. District Court for the Middle District of Tennessee located in Nashville.
Pavia is requesting a temporary restraining order that would grant him two additional seasons of eligibility through the 2026-27 season, which he argues is necessary for him to utilize a redshirt year to mitigate any potential harm from the current rules.
He also seeks assurances that Vanderbilt, or any future institution, will not face penalties for adhering to the court’s directives.
The lawsuit outlines that the bylaws governing junior college eligibility constrain athletes starting their collegiate journey at junior colleges to only two or three seasons of NCAA Division I football.
In contrast, other NCAA Division I athletes enjoy the full four seasons of competitive play coupled with enhanced NIL compensation opportunities.
Pavia’s path to Division I football came after graduating from Volcano Vista High School in Albuquerque, New Mexico, without receiving offers from Football Bowl Subdivision schools.
In 2020, he attended New Mexico Military Institute where he guided the junior college to a national championship in 2021.
He transferred to New Mexico State for the 2022 season, where he showcased his abilities by leading the team to a successful 10-win campaign in 2023.
Following his achievements, Pavia joined Vanderbilt, reuniting with head coach Jerry Kill and offensive coordinator Tim Beck this offseason.
Thus far, he has propelled Vanderbilt to bowl eligibility, marking the team’s best season start since 1982, earning them a ranking, currently positioned at No. 24.
Unfortunately, Pavia sustained an injury late in a match against South Carolina, which ended in a 28-7 defeat.
After the game, Vanderbilt head coach Clark Lea acknowledged awareness of the ongoing lawsuit and expressed his support for Pavia’s desire to continue playing.
“I want Diego to play as long as he can possibly play,” he stated.
The Commodores currently hold a record of 6-4, with plans to face No. 14 LSU on November 23 and concluding their regular season by hosting No. 7 Tennessee on November 30.
If Pavia does not secure an injunction or restraining order, his final college appearance could occur in the team’s bowl game.
In his legal argument, Pavia asserts that the JUCO eligibility bylaws do not contribute to fair competition or aid college athletes, but rather inhibit the competitiveness of football programs and adversely affect both athletes and the overall quality of Division I football.
He argues that these restrictions contradict the NCAA’s stated mission of supporting the welfare of student-athletes and violate federal antitrust regulations, particularly the Sherman Act.
Pavia contends that the limitations caused by the current bylaws inflict irreparable and ongoing harm, thus necessitating temporary and preliminary injunctive relief.
Furthermore, he challenges the traditional redshirt rule, which restricts athletes to four seasons in any sport at the Division I level, suggesting it unjustly curtails opportunities for earning NIL revenue.
The NCAA has previously faced significant legal challenges, including a decisive 9-0 ruling from the U.S. Supreme Court in 2021, which stated that the organization cannot impose limitations on educational benefits provided to student-athletes.
As the season progresses, Pavia ranks fourth in the Southeastern Conference with 15 passing touchdowns and eighth in rushing yards with 563 yards—the highest among quarterbacks.
Additionally, he played a key role in Vanderbilt’s historic victory over then-No. 1 Alabama, marking the program’s first win against a top-five opponent.