NCAA Junior College Waiver Explained by a NIL Lawyer

January 29, 2025 | Articles

Written by Marco Robertson

In a significant development for collegiate athletics, the NCAA Division I Board of Directors has approved a temporary waiver granting an extra year of eligibility in 2025-26 to student-athletes who competed at non-NCAA institutions and otherwise would have exhausted their NCAA eligibility this year. This action comes in response to the ruling in Pavia v. NCAA, where the U.S. District Court enjoined the NCAA from enforcing its eligibility bylaws against the plaintiff. The court reasoned that the eligibility rules likely impose an undue restriction on trade in violation of federal antitrust law. The ruling and subsequent waiver underscore the ongoing evolution of governance in college sports, particularly in light of Name, Image, and Likeness (NIL).

The Pavia Case: Key Details

The plaintiff, Diego Pavia, a quarterback for Vanderbilt University, challenged the NCAA’s eligibility bylaws, which count competition at non-NCAA institutions—such as junior colleges—toward the four-season and five-year limit for participation in NCAA athletics. Pavia began his career at a junior college before transferring to Vanderbilt. Under the existing rules, his years playing in junior college reduced his remaining eligibility, barring him from competing during what would have been his final season in 2025-26.

Pavia argued that these rules unfairly limited his opportunities in the evolving collegiate sports landscape, most importantly his ability to earn NIL compensation. The court agreed and granted an injunction against the NCAA, finding the NCAA’s bylaws unreasonably restrain trade and negatively impact the labor market for college football players because the eligibility rules effectively pressure players into enrolling at NCAA institutions (to maximize NIL earning potential), even if playing a year at a junior college would be in their best interest.

Details of the Waiver

Following the court’s decision, the NCAA enacted a one-time waiver to address the concerns raised in Pavia. The waiver includes the following provisions:

  1. Additional Eligibility: Student-athletes who participated at non-NCAA institutions for one or more years and would otherwise have exhausted their eligibility during the 2024-25 academic year may compete in the 2025-26 season, provided they meet all other requirements.
  2. Equity Among Athletes: The waiver seeks to eliminate the disproportionate penalties placed on athletes transferring from non-NCAA institutions, ensuring equality with their NCAA-only counterparts.
  3. Limited Application: The waiver is limited to the 2025-26 academic year, offering a temporary resolution while the NCAA considers potential long-term rule changes.

Example 1: Who the Waiver Applies To

A student-athlete began his athletic career in 2021 at a junior college, competing in football for two seasons before transferring to an NCAA Division I institution and playing an additional two seasons. Under the current rules, his two seasons playing in junior college would count against his eligibility, leaving him unable to play in the 2025-26 season. However, under the new waiver, this student-athlete would now be eligible to compete in the 2025-26 academic year if all other requirements, such as academic progress and amateur status, are satisfied.

Example 2: Who the Waiver Does Not Apply To

A student-athlete began her athletic career in 2020 at a junior college, competing on the softball team for the spring season until the COVID-19 pandemic led to the cancellation of the remaining season. Due to the pandemic affecting the athletic season, the NCAA voted to allow student-athletes an additional season of competition. The student-athlete transferred to an NCAA Division I institution in 2021 and played four full seasons. Although her competition history includes participation at a non-NCAA institution, the student-athlete has already utilized her full four seasons of eligibility at an NCAA Division I institution. Therefore, the new NCAA waiver for 2025-26 does not apply to her because her eligibility has been exhausted at the NCAA level.

Implications of the Ruling and Waiver

The court’s decision, and the NCAA’s response, highlight the increasingly complex legal and regulatory environment for collegiate athletics. The introduction of NIL opportunities has transformed college sports into a commercial marketplace where rules affecting an athlete’s ability to compete also impact their ability to earn compensation.

For student-athletes, this waiver represents a meaningful opportunity to extend their athletic careers and benefit financially through NIL deals. For the NCAA, it signifies a recognition of the need to adapt traditional rules to contemporary realities while maintaining competitive balance and the collegiate athletic model.

Looking Ahead

While this waiver addresses an immediate issue, the Pavia decision raises broader questions about the sustainability of the NCAA’s current framework. The organization will likely face continued scrutiny over its eligibility rules and their compatibility with federal antitrust laws.

The case also underscores the importance of carefully reevaluating policies to ensure they do not disproportionately disadvantage particular groups of athletes. As NIL compensation grows and legal challenges continue, the NCAA may need to implement broader reforms to preserve its regulatory authority and avoid further litigation.

Conclusion

The NCAA’s waiver, prompted by the Pavia decision, reflects the evolving nature of college sports governance in an era of NIL opportunities and increased legal scrutiny. For athletes, coaches, and institutions, this waiver presents new opportunities and challenges that require careful navigation.

At WeAreNIL, we are committed to providing expert guidance on these issues, helping clients understand and adapt to the shifting collegiate sports environment. For further information on how these changes may affect your interests, please contact our dedicated team of NIL professionals.

Let’s Team Up

WE ARE NIL℠ Contact Us Form

First Name*
Hidden
I have read the Firm's Disclaimer regarding submission of information via this Website and I understand that use of this contact form does not create an attorney-client relationship with the Firm.*
This field is for validation purposes and should be left unchanged.