NCAA sues Ohio governor over order expanding college athlete eligibility rules

The NCAA says the Ohio governor’s order expanding college athlete eligibility illegally overrides the association’s rules and authority over college sports.(CN) — The National Collegiate Athletic Association sued Ohio Governor Richard DeWine on Friday over a recent executive order requiring universities across the state to let ineligible college athletes play one more season against NCAA rules.In June, the NCAA adjusted college athlete eligibility rules in response to calls for more playing time. Bylaw 12.6 allows Division I athletes to compete for five seasons within five years, beginning with full-time enrollment or the academic year after their 19th birthday, whichever comes first.The rule applies prospectively and excludes college athletes who graduated high school in 2022 and exhausted their eligibility during the 2025-26 academic year.A group of Division I basketball players quickly sued in Hamilton County Common Pleas Court, arguing the rule unfairly denied them a fifth season and the Name, Image and Likeness benefits that come with additional court time.The court granted an injunction, and it was later reversed on appeal. Meanwhile, numerous similar lawsuits were filed across Ohio seeking the same relief.Despite the appellate ruling, Ohio Governor Richard DeWine signed an executive order directing universities to disregard the NCAA rule and allow all college athletes in the class of 2022 to compete during the 2026-27 academic year.On Friday, the NCAA sued DeWine in federal court, seeking a declaration that the order violates the U.S. Constitution by allowing schools to roster athletes in violation of NCAA rules.The order requires universities to retroactively apply Bylaw 12.6 to otherwise ineligible college athletes and extends the rule to athletes in all three divisions.“The EO thus purports to confer a competitive advantage on all Ohio institutions — they can roster experienced fifth-year seniors, in violation of the NCAA rules to which they agreed to be bound and allow those individuals to compete against other schools who cannot roster such players under those same rules,” the NCAA said in its 39-page complaint.The NCAA says the order also harms Ohio athletes by giving roster spots to otherwise ineligible players.In applying Bylaw 12.6 prospectively, the NCAA reasoned that the Class of 2022 had already received the full eligibility allowed under the rules governing their careers.Giving them another season, it says, would disrupt the expectations of thousands of eligible college athletes nationwide.The NCAA argues the order exceeds DeWine’s authority because it cites no legal basis beyond the “public interest” and violates the organization’s First Amendment right to adopt and enforce its bylaws.Finally, the organization argues the order is precluded by the Commerce Clause, which prohibits state action that burdens interstate commerce or regulates conduct beyond state borders.In the basketball players’ lawsuit against the NCAA, the appeals court emphasized that the association’s decisions on applying its rules are entitled to deference because it is a voluntary association.“The NCAA cabinet voted unanimously to implement the new age-based eligibility model and not apply it retroactively,” said First District Court of Appeals Judge Candace Crouse. “The statement from the conference commissioners avowing their support for the NCAA’s revision of the eligibility rules, including the decision not to apply the rule retroactively, supports a determination that the NCAA did not act arbitrarily.”Though sympathetic to the ineligible college athletes’ frustration, the appellate panel noted they understood they were entitled to four years of athletic eligibility within a five-year period.“If state courts – or governors – can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field,” NCAA President Charlie Baker said in a press release.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads