Jackson Jambalaya

 A Southern Miss basketball player's attempt to challenge the NCAA's "5-year rule" and gain an extra year of eligibility failed in federal court this week.  

The NCAA has a "5-year limitation rule" on eligibility for participating in college sports.  John Wade, III attended the University of California-Davis from 2018-2019 but was not a member of the basketball team.  He played his first season at Costa College (JUCO) in 2019-2020.  However, the 2020-2021 season was cancelled due to the pandemic.  He played a second season at Costa in 2021-2022.  He transferred to California State-Northridge for the 2022-2023 season but received a medical hardship which prevented that year from counting against his eligibility.  He transferred to California State-Stanislaus for the 2023-2024 season.  

Wade transferred to USM for the 2024-2025 season but the NCAA ruled he was no longer eligible to participate in college sports due to the 5-year rule. The rule states a college athlete has five years to play four seasons of a given sport.  The clock starts ticking when the athlete enrolls as a full-time college student.  Wade's six years expired in September 2024.  

It would appear Wade was out of luck but fate intervened in the person of Diego Pavia of Vanderbilt fame.  The Commodore quarterback's eligibility had expired since he played two years of football in junior college before playing at New Mexico State University and Vanderbilt. Pavia sued in U.S. District Court in the middle Tennessee district.  He argued the JUCO rule kept him from playing two more years at Vanderbilt where he expected to earn $1 million a year in NIL compensation.  

Wade sued the NCAA and asked for an emergency restraining order on December 20 in U.S. District Court.  The case was assigned to U.S. District Judge Taylor McNeel.   Wade argued the rule violates the Sherman anti-trust act.  His complaint also posited his freshman year of college (when he did not play basketball) should not be counted against him: 

16. As previously noted, Wade did not play collegiate basketball his first year in college. He was not a student athlete. He did not play because he did not have the opportunity to play. He hit a growth spurt as a freshman and through his hard work, he created additional opportunities for himself the following year. Southern Miss's position-that Wade otherwise meets the criteria under 12.8.1.7.l(a) to qualify for a redshirt during the 2018 -2019 season­ remains true. He is a smart student and hardworking athlete who has only played three seasons of collegiate basketball. Had he been a few inches taller at age 18 and simply listed on a roster, the appeal and this lawsuit would not be necessary, and he would have his eligibility extended a year under Bylaw 12.8.1.7.l(a). On this ground alone, Wade should be eligible.

Judge McNeel denied the emergency restraining order request on December 23.   He pointed out although Pavia won his case, the Court denied his initial request for an emergency restraining order. 

The Court ruled such an order would deny the NCAA an opportunity to be heard.  Judge McNeel held: 

While Wade cites Southern Miss’ upcoming game against William Carey on December 30, Wade does not allege that he has or is likely to be part of the starting five on the Southern Miss basketball team, play during the team’s games, have a leadership role on the team, or generate any specific NIL income. [7], pg. 2. Contrast that with Pavia, who estimates that he can generate over $1 million and is the starting quarterback on an SEC football team. Wade does not even list which position on the basketball court he plays, much less what specific amount of NIL income that he is potentially missing out on. Absent more, the Court cannot see how an ex parte temporary restraining order would be necessary to change the status quo when it is not clear from the record that Wade would even garner playing time or what amount of NIL compensation Wade could receive.

The Court next put the blame squarely on John Wade, III: 

And as for any irreparable harm that Wade has experienced due to delay, such delay can reasonably be attributed, at least partially, to him. Wade argues that this lawsuit was filed after December 3, 2024, when his administrative remedies were exhausted by the NCAA. [4], pg. 11. But Wade does not put forward any law that requires a plaintiff to exhaust the administrative remedies of the NCAA (a non-governmental entity) as a prerequisite to bring an antitrust suit....

Here, the NCAA denied Wade’s waiver for the 2024-25 season on July 23, 2024. [4], pg. 10. Wade does not explain why he could not have filed suit at that time, ostensibly before his six-year clock (due to the extra COVID year) had run. But he waited until this late date—20 days after exhausting his remedies with the NCAA, months after his six-year clock ran, and 12 games into Southern Miss basketball’s season—to file this emergency motion in this Court. The Court therefore notes that to at least some extent, Wade is partially to blame for this being an emergency in the first place.