Ohio Governor Defies NCAA Eligibility Rule, Sparking Clash with Commissioner

Ohio Gov. Mike DeWine has signed an executive order that allows universities in the state to grant a fifth year of eligibility to student-athletes who graduated from high school in 2022, directly challenging a new NCAA rule. The order aims to ensure Ohio's student-athletes have the same opportunities as those in other states, according to a statement from the Republican governor.

The NCAA's current stance prevents athletes who have already completed four seasons of play from receiving an additional year of eligibility. DeWine's order permits Ohio institutions to bypass this NCAA restriction.

Ryan Downtown, an attorney representing athletes in an ongoing eligibility case in Ohio, expressed gratitude for DeWine's action, stating, "We are thankful that Gov. DeWine took action to ensure that all student-athletes in Ohio are treated equitably with their peers." He added, "Hopefully, the NCAA will stop its misguided quest to deny the Class of 2022 the same fifth year offered to everyone else. If not, we hope other governors will follow suit."

Sources indicated to OutKick that other governors might issue similar executive orders in the coming week.

NCAA President Charlie Baker responded forcefully to DeWine's order, stating in a memo to member schools that "One elected official seeking to make their own rules for their own schools’ advantage is a terrible way to run athletic competitions." Baker urged Congress to pass the Protect College Sports Act (PCSA), a bill designed to create a framework for athlete compensation and legal challenges, emphasizing, "This is precisely why Congress must pass the PCSA as soon as possible."

Baker also noted that NCAA members unanimously approved the age-based eligibility change, and that the Ohio Court of Appeals recently agreed with the NCAA's position. He asserted that the NCAA would defend the interests of its member institutions and student-athletes.

The NCAA's eligibility rule is facing legal challenges nationwide, with plaintiffs arguing it is unfair to the 2022 class and deprives them of potential earnings through Name, Image, and Likeness (NIL) deals. This situation echoes California's earlier move to permit NIL compensation, which other states subsequently emulated, compelling the NCAA to adapt.

The Ohio executive order was issued on the same day that a key eligibility case, Wisne v. NCAA, saw a development regarding how plaintiffs would establish economic harm. An initial ruling in favor of the athletes was blocked by an appeals court, and the U.S. 10th Circuit Court of Appeals is currently hearing the case. The judges focused on the plaintiffs' ability to define the market for the players, a crucial element for antitrust lawsuits.

While an NCAA victory in the 10th Circuit could set a precedent, it may not end all legal disputes. Cases in state courts continue, including one in Louisiana that prompted LSU to consider adding players with NFL training camp experience. However, the NCAA has recently prevailed in cases in Kentucky, Ohio, and Arizona.

DeWine's executive order could potentially lead to further litigation as states navigate the complex landscape of college athlete eligibility and compensation.