The NCAA has decided to challenge a preliminary injunction that a federal judge awarded to Diego Pavia, allowing him an additional year of college eligibility. This development came on a day when the NCAA’s Division I board approved a waiver that permits athletes in situations similar to that of the Vanderbilt quarterback to compete during the 2025-26 season.
On December 18, U.S. District Judge William L. Campbell issued the injunction specifically for Pavia, asserting that the NCAA’s Division I eligibility rules potentially discriminated against him in violation of the Sherman Act, as they applied to his two years at a junior college. Furthermore, the judge instructed the NCAA not to take any adverse actions against Vanderbilt or any other institution Pavia might join for his fifth season.
The NCAA has now filed its appeal against Judge Campbell’s ruling in the 6th U.S. Circuit Court of Appeals, located in Cincinnati. The waiver announced simultaneously is expected to reduce the likelihood of similar lawsuits being raised by other student-athletes who began their careers in junior colleges and are seeking another season to engage in opportunities related to name, image, and likeness.
According to a statement from the NCAA, the waiver specifically allows athletes who have attended non-NCAA schools for one or more years to be eligible to compete in 2025-26, provided they would have otherwise used their final competitive season during the 2024-25 academic year and meet all other eligibility criteria, including maintaining progress toward their degrees and adhering to the five-year eligibility limit.
Last June, both the Division I Board of Directors and the Division I Council initiated a comprehensive review of eligibility rules aimed at establishing a sustainable framework that would hold up under scrutiny. The NCAA indicated that this review has already prompted efforts to modernize aspects of collegiate sports and reaffirmed its commitment to continue these discussions during governance meetings scheduled for January.
Ironically, the NCAA’s annual convention is set to take place from January 14 to 17 in Nashville, Tennessee. In his previous comments, Judge Campbell observed that the existing NCAA regulations rendered Pavia ineligible to participate in Division I football in 2025 due solely to his initial experience at a junior college.
The judge expressed skepticism about the NCAA’s rationale, which restricts junior college starters to three or four years of eligibility. He pointed out that the NCAA does not start the eligibility clock for athletes from prep schools, even if they are competing against junior colleges or other recognized collegiate institutions.
Campbell further noted that the NCAA’s rules evolve over time, citing shifts from prohibiting freshmen participation to incorporating redshirt provisions. He articulated that Pavia has a “strong likelihood of success” in his legal argument under the Sherman Act, citing that the constraints on junior college eligibility represent “restraints on trade with substantial anticompetitive effects.”
Pavia initiated his lawsuit seeking additional eligibility on November 8 in the U.S. District Court for the Middle District of Tennessee, located in Nashville. He is currently in the process of enrolling in Vanderbilt’s master’s program for legal studies starting in January, and he is scheduled to compete for the Commodores (6-6) in the Birmingham Bowl against Georgia Tech on Friday.
