NCAA back in court over eligibility
rules for Vanderbilt QB Diego Pavia
[September 17, 2025]
By TERESA M. WALKER
NASHVILLE, Tenn. (AP) — The NCAA was back in court Tuesday fighting
for the future of its eligibility rules through the case of
Vanderbilt quarterback Diego Pavia, who is playing his fourth
Division I season under a preliminary injunction.
Attorney Rakesh Kilaru argued in court before a three-judge panel of
the 6th U.S. District Court of Appeals that the NCAA believes its
rules determining athlete eligibility do not violate the Sherman Act
or other antitrust laws. Kilaru also said the association intends to
enforce its rules.
“I would venture we’ll be back in court in weeks or months,” Kilaru
said.
Any ruling by the appeals court won't affect Pavia's status this
season. The NCAA granted a waiver after the injunction granting
eligibility through the 2025-26 academic year for junior college
athletes who would have exhausted eligibility during the 2024-25
academic year.
A federal judge agreed last December that Pavia had a strong
likelihood of success at trial against the NCAA rule limiting junior
college players' eligibility as a restraint of trade under the
Sherman Act.
Pavia started playing at New Mexico Military Institute in 2020 (the
NCAA did not count that season toward eligibility because of the
pandemic.) He led the junior college to the 2021 national
championship, then played at New Mexico State in 2022 and 2023
before transferring to Vanderbilt for the 2024 season. This is his
fourth Division I season.
Attorney Ryan Downton argued on behalf of Pavia, who was at practice
with No. 20 Vanderbilt (3-0) during the morning hearing.
Downton told judges the issue is that the NCAA's rules are
commercial in nature by limiting the labor market. The NCAA starts
an athlete's eligibility clock by counting even years played outside
the association's membership at junior colleges.
After the hearing, Downton said they are hoping for a ruling on the
case's merits even as Pavia has NFL plans in 2026. Pavia’s lawsuit
includes the possibility of a fifth year of eligibility within five
consecutive years targeting the NCAA's Redshirt and Five-Year rules
— a season which Downton says his client isn’t interested in.
[to top of second column] |
Pavia just wants future athletes to have that chance with this being
his last season, as he shared on social media Tuesday.
“His plan is to play in the NFL and doesn’t want there to be any
doubt or misunderstanding,” Downton said. “He has had a great
college career, but he’s planning on playing in the NFL. He wants
all other junior college players to have the same opportunity he’s
had.”
Kilaru left immediately after the hearing with another oral argument
scheduled Wednesday before the 3rd U.S. Circuit Court of Appeals
involving another eligibility case. The NCAA has been dealing with
approximately 21 lawsuits over eligibility alone.
That one involves Jett Elad seeking to play for Rutgers this season
under that NCAA waiver. Elad also is challenging the NCAA’s
Five-Year Rule limiting athletes to four seasons of competition
while allowing a redshirt year.
Downton helped file another lawsuit over the NCAA's redshirt rule
restricting athletes to playing four seasons with a redshirt season
over five years. That lawsuit potentially could include thousands of
NCAA athletes.
The attorney said immediately after Tuesday's hearing that the big
question is whether the appeals court rules on the merits of Pavia's
case. That's important because players with eligibility questions
for next season are not covered by that narrow NCAA waiver.
Downton said the question is whether yet another lawsuit would be
needed on the NCAA counting junior college seasons in limiting
eligibility.
“They may say we want you to develop more of the record at the
district court," Downton said. "So we’ll see what happens.”
All contents © copyright 2025 Associated Press. All rights reserved
 |
