Courts rule JUCO doesnt count against eligibility

[Pompous Elitist]

this is another case where Judges are ruling based solely on the issue of ability to earn NIL and ignoring reality.

players go to a Juco for two reasons:
1. their grades are not good enough to be admitted to a D1 school
2. their football-playing ability is not good enough to earn an offer from a D1 school

either way - both of those are the player's responsibility.

so the player is essentially saying: I was too stupid or not talented enough to go to a D1 out of HS. and that's not fair, so I should get my year or years of eligibility back.

it would be like someone who flunks their driver's test - and then sues because the lack of a driver's license is limiting their job opportunities, so they should be given a driver's license.

My understanding is pretty much every NCAA rule violates the antitrust law, except where federal or state law allows.

States regulate licensure of drivers, professionals, tradesmen in what I’d guess as an effort to protect the welfare of the general public. Fair to argue how necessary that should be.

Without twisting into a legal pretzel is it hard to argue limiting an athlete to 4 years is defensible in any legal way - if if restricts their ability to earn NIL, or restricts a team from signing them. Going further, I’d guess schools have leeway on admitting “problematic” GPAs (sub 2.0 anyone, anyone?) or SAT and many don’t require PJ’s nemesis, the standardized entrance exam, anymore. So the NCAA GPA, SAT requirements maybe don’t hold water.

We turn to our new congress to sagely weigh in on these matters, if they aren’t distracted. Surely this is the one issue they will all see eye to eye on.

 

[tjgopher]

P4 programs might use this to create farm teams of post-grad players getting 2 free years of development, then starting as a 21 year old freshman and playing until age 25.

This could be appealing for good but not sure thing, freshman starter prospects who may end up as professional college football players.

Exactly what every college hockey team does right now with juniors.

 

[tjgopher]

You’re going to end up with a lot of guys like Brosmer

Someone like Brosmer should sue the NCAA and say after played FCS, they finally hit it big at FBS, and have no more eligible years. That rule also restricts their earning.

Someone from FCS now playing FBS and out of eligibility will likely file a lawsuit within a week I would guess.

 

[Lou Brown]

this is another case where Judges are ruling based solely on the issue of ability to earn NIL and ignoring reality.

players go to a Juco for two reasons:
1. their grades are not good enough to be admitted to a D1 school
2. their football-playing ability is not good enough to earn an offer from a D1 school

either way - both of those are the player's responsibility.

so the player is essentially saying: I was too stupid or not talented enough to go to a D1 out of HS. and that's not fair, so I should get my year or years of eligibility back.

it would be like someone who flunks their driver's test - and then sues because the lack of a driver's license is limiting their job opportunities, so they should be given a driver's license.

3. Kids want to play, not sit on the bench

 

[GopherGrit]

I only play a lawyer on tv but when the NCAA decided not to fight anymore that uncorked all of the ramifications of the Sherman Antitrust act of 1890. Restrictions of trade, competition. The pro leagues are protected by congressional fiat or collective bargaining laws. Maybe SCOTUS or congress steps in on the side of the NCAA and schools, or maybe Bret Kavanaugh throws a Molotov cocktail on college sports.

Whatever happens, sports media are happy for the listens and clicks.

I just don't see why we can't make a new law that says schools and college athletes can do collective bargaining just like the pros.

 

[GopherGrit]

Someone like Brosmer should sue the NCAA and say after played FCS, they finally hit it big at FBS, and have no more eligible years. That rule also restricts their earning.

Someone from FCS now playing FBS and out of eligibility will likely file a lawsuit within a week I would guess.

I mean ... was New Hampshire a "true DI experience"?? I have to think not. No offense to that school, team, community, etc.

But he got a taste of the U, and he can compete just fine at this level. Why shouldn't he get to start his eligibility clock all over again, at this level?

 

[disco]

I don't think this is a done deal yet. Pavia (QB now at Vanderbilt - formerly at New Mexico State where he played for Jerry Kill) - has been granted a preliminary injunction. in his ruling, the Judge noted that it's possible his decision could be overruled after a full court case or appeal. and the injunction as of right now applies to Pavia only - not to any other athletes.

definition of "preliminary injunction:
A preliminary injunction is a court order that prevents one party from taking certain actions or requires them to take specific actions before a final judgment is issued. A judge issues a preliminary injunction early in a lawsuit to preserve the status quo and protect the rights of the parties.

more from Sports Business Journal:
Vanderbilt QB Diego Pavia's filing for a preliminary injunction against the NCAA has been granted, giving him “an extra year of eligibility,” according to Aria Gerson of the Nashville TENNESSEAN. Per the ruling by Judge William Campbell, the NCAA's rules preventing Pavia from playing in 2025 “because of his two years at New Mexico Military Institute,” a junior college, “violated the Sherman Antitrust Act.” The ruling also “prevents the NCAA from enforcing its ‘Rule of Restitution’ against Vanderbilt or any school that Pavia might play for in 2025.” Gerson noted it means the NCAA would “not be allowed to force the Commodores to vacate wins or levy other penalties if the ruling is later overturned after a full court case or appeal.” The injunction currently “applies only to Pavia and not to any other athletes who attended a junior college.” Gerson: “However, the ruling seemingly opens the door for many more of these athletes, both in football and other sports, to challenge for eligibility” (Nashville TENNESSEAN, 12/18).

I can't possibly imagine that any credits from New Mexico State could possibly transfer to Vanderbilt.

 

[csom_1991]

I do not see why eligibility should be limited to any number of years. As long as you are affiliated with the university, you should be able to play. If you wanted to limit the number of years in which you can get a scholarship, I guess I am okay with that. But, as long as you are a student, you should be able to play.

 

[tjgopher]

I mean ... was New Hampshire a "true DI experience"?? I have to think not. No offense to that school, team, community, etc.

But he got a taste of the U, and he can compete just fine at this level. Why shouldn't he get to start his eligibility clock all over again, at this level?

Exactly what the lawyer will say. I wonder what player will file the suit?

 

[Pompous Elitist]

I just don't see why we can't make a new law that says schools and college athletes can do collective bargaining just like the pros.

Have to think congress would need to make that particular carve out but from my seat in the peanut gallery literally everything imaginable has a potential carevout to existing law. Just need to “convince” the right people but that’s potentially an expensive game - and who is on the athletes’ side w/o a payday .