Ohio Governor Allows Athletes Fifth Year of Eligibility Amid NCAA Rule Change

Ohio Gov. Mike DeWine has signed an executive order allowing the state's colleges and universities to grant a fifth year of eligibility to athletes who graduated high school in 2022. The move directly challenges a new eligibility rule from the NCAA, which excludes athletes who have already completed four seasons of play.

DeWine, a Republican, stated that "fairness has to remain part of the equation" when rules change and that Ohio's student-athletes should have the same opportunities as those in other states. The executive order permits both public and private institutions in Ohio to allow these athletes to continue playing.

NCAA President Charlie Baker, however, asserted that DeWine "cannot legislate NCAA eligibility rules." He criticized the governor's action as a detrimental approach to athletic competitions and urged Congress to pass the Protect College Sports Act, a bill aimed at establishing regulations for college athlete compensation and legal recourse.

Lt. Gov. Jim Tressel, a former championship-winning coach, emphasized the importance of not denying current student-athletes the opportunities available to their peers. The executive order mirrors a previous tactic used by California, where a state law facilitating name, image, and likeness (NIL) compensation compelled the NCAA to permit such payments for athletes.

The NCAA's eligibility rule is currently facing legal challenges, with plaintiffs arguing it is unfair to the graduating class of 2022 and impedes their ability to capitalize on NIL deals and share in revenue streams. This action by Ohio follows a day where attorneys for athletes in a key eligibility case presented arguments before federal judges who appeared skeptical about the claimed economic harm.

A lower court had initially ruled in favor of the players in the case, Wisne v. NCAA, granting a fifth year of eligibility. However, an appeals court placed a hold on that ruling, and a three-judge panel of the U.S. 10th Circuit Court of Appeals heard the case without immediately issuing a decision. The judges questioned the plaintiffs' ability to define the market for college athletes and quantify the economic impact of the NCAA's rule change.

Despite the legal battles, more litigation is anticipated following Ohio's executive order. The NCAA has seen previous legal victories in state courts across Kentucky, Ohio, and Arizona, though cases continue in other jurisdictions.