NCAA Sues Ohio Governor Over Executive Order on Athlete Eligibility

The National Collegiate Athletic Association (NCAA) has filed a lawsuit against Ohio Governor Mike DeWine, challenging his executive order that permits state universities to grant an additional year of eligibility to athletes who graduated high school in 2022. The lawsuit, filed in federal court in Ohio, marks an escalation in the ongoing dispute over the NCAA's revised eligibility rules.

NCAA President Charlie Baker stated that the lawsuit was an "extraordinary step" intended to prevent DeWine from "making it impossible for all schools to compete on a level playing field." The NCAA's legal filing contends that Governor DeWine's order unfairly benefits Ohio institutions, calling it a "misguided attempt to give Ohio colleges and universities an unfair, unprecedented and unwarranted competitive advantage."

The executive order, signed by DeWine earlier in the week, allows public and private universities in Ohio to permit Class of '22 athletes to play a fifth year, even if they have already completed four seasons of competition. This directly conflicts with the NCAA's new guidance, which was adopted in June and excludes athletes who have already played four seasons from this extended eligibility.

The legal battle over athlete eligibility has become increasingly complex, with similar challenges arising in other states. The NCAA argues that such state-by-state variations destabilize college sports and undermine its foundational rules. The organization has repeatedly called for federal legislation to address the growing number of lawsuits.

Ohio's state government has not commented on the litigation. The Ohio Supreme Court has indicated it will review the legality of DeWine's executive order. In parallel, a separate case involving basketball player Filip Borovićanin is pending before the court, which has paused an appeals court ruling that had previously declared the Class of '22 athletes ineligible. Borovićanin was recently allowed to play in an exhibition game following DeWine's order.

NCAA President Baker expressed doubt that the Ohio Supreme Court's order rendered those players immediately eligible, emphasizing the importance of adherence to established rules.

This situation is unfolding amidst a broader legal upheaval for the NCAA. Coaches have expressed frustration with the uncertainty. One coach noted that "nobody knows what the crap is going on. No one." The NCAA has advocated for the "Protect College Sports Act," a bill that has passed the Senate and is awaiting action in the House, which aims to provide federal protections against such legal challenges.

The NCAA maintains that its decision to limit the five-year eligibility window was made to balance the needs of current athletes with those of incoming recruits, arguing that allowing all Class of '22 athletes an additional year would displace many new high school prospects. The organization asserts that its decision was based on minimizing harm to the smallest number of people.

The NCAA's lawsuit cites past legal victories, including a case in the early 1990s against Nevada Governor Bob Miller concerning due process protections. However, it also acknowledges mixed results in more recent state-level lawsuits, which have led to increasing "destabilization" in college sports.