In Knoxville, Tennessee, a recent court decision has temporarily hindered Alberto Osuna’s aspiration to join the University of Tennessee’s baseball team, the previous College World Series champions. On Monday, a federal judge refused Osuna’s request for a preliminary injunction that would have permitted him to play despite the NCAA’s eligibility restrictions. The legal issue rose from Osuna’s contention that his year at Walters State Community College should not impact his eligibility status.
The lawsuit, initiated against the NCAA last month, sought to challenge this rule. However, U.S. District Judge Charles Atchley ruled against Osuna’s plea. In his ruling, Judge Atchley expressed understanding of Osuna’s predicament, criticizing the NCAA’s actions as potentially self-serving while acknowledging the significant talents Osuna possesses. “The Court is sympathetic to Plaintiff’s position,” Judge Atchley mentioned, highlighting his belief in the questionable nature of NCAA’s conduct in regards to prioritizing the well-being of its athletes. The ruling came on the heels of a preliminary injunction hearing previously held.
Following the court’s decision, Chad Hatmaker, Osuna’s attorney, expressed the player’s disappointment and revealed that they are currently evaluating their future course of action. Originally, Osuna took the field at Walters State College in 2021 before transferring to North Carolina, where he has played in the subsequent seasons. Assuming he had exhausted his Division I eligibility post his last season, Osuna moved to the Division II Tampa program.
However, the landscape shifted when Diego Pavia, a Vanderbilt quarterback, was granted an injunction allowing him another playing season after a judge ruled his time at New Mexico Military Institute shouldn’t affect his Division I eligibility. Identifying similarities between his situation and Pavia’s, Osuna utilized the transfer portal and secured a spot with Tennessee.
Both cases challenge NCAA bylaws, alleging a breach of the Sherman Act by restricting the competitive market through eligibility rules. By counting junior college tenure against Division I eligibility, players argue it hampers their ability to capitalize through name, image, and likeness (NIL) agreements assuming a full duration of Division I play.
Judge Atchley noted the complexity of the current legal scenario, remarking on the evolution of eligibility regulations particularly within the NIL framework, which now complicates the categorization of NCAA rules as strictly commercial or non-commercial. “No binding precedent categorizes all NCAA eligibility rules as commercial in nature,” Atchley stated, pointing out the blurring lines in NIL matters and posing critical questions about the scope of NCAA bylaws.
During his career at North Carolina, Osuna demonstrated substantial offensive prowess, maintaining a .259 batting average accompanied by a .359 on-base percentage, 45 home runs, and 140 RBIs across 177 games. Last season, he posted a .281 batting average with a .376 on-base percentage, adding 14 home runs and 56 RBIs, contributing significantly to North Carolina’s journey to the College World Series.
Tennessee, despite Osuna’s absence, has started its title defense on a strong note, securing victories in its first 11 games, showcasing the team’s depth and resilience.
