By BOB SUTTON Associated Press
RALEIGH, N.C. (AP) — A judge denied a preliminary injunction Tuesday sought by four college football players who had sued to gain an additional season of eligibility.
Judge Matthew Houston said the evidence was “not sufficient” while ruling from the bench following a three-hour hearing in North Carolina Business Court. That came in response to similar lawsuits filed by former Duke football players Ryan Smith and Tre’Shon Devones, as well as another from former Duke player Cam Bergeron and ex-North Carolina player J.J. Jones. The hearing involved all four players.
Their complaints sought to prevent the NCAA from following its longstanding policy of having athletes complete four years of eligibility within a five-year window.
Attorneys for the players argued they warranted an additional year because of circumstances presented in the filings, which had claimed their careers were derailed by injuries, ailments and personal difficulties. The athletes claimed the loss of potential earnings — $100,000 to $500,000 — stem from rules that now allow athletes to profit from using their name, image and likeness (NIL).
Smith and Devones had competed in five seasons, while Bergeron and Jones participated in four seasons across a four-year period.
Robert Boland, an attorney for the players, argued that the current eligibility structure serves no practical purpose and that an injunction would do little harm to the NCAA.
The NCAA denied a waiver for the three Duke players in a decision passed along Monday. Jones’ waiver request is pending after the NCAA requested more information.
In court, their attorneys challenged the NCAA’s five-year eligibility window. Because athletes didn’t use a season of eligibility during the 2020-21 school year and the possibility that the NCAA adjusts its eligibility rules allowing for five years of competition, the lawyers said that Bergeron and Jones were in a disadvantaged group.
“They will be of a lost generation,” attorney Diana Florence said.
The players’ attorneys stressed the importance of urgency in a ruling because the NFL draft will be held later this week. Undrafted players are likely to agree to pro contracts by the end of the weekend, and that would effectively make them ineligible to play again collegiately.
All four players declined interviews outside the courtroom.
These lawsuits come amid relaxation of NCAA rules that have allowed for free player movement through the transfer portal in addition to income opportunities to profit through NIL. Those factors have led to some athletes seeking to stay for additional college seasons. The COVID-19 pandemic led to college athletes receiving an additional year of eligibility if they anticipated playing in the 2020-21 academic year, but those opportunities largely expired with the 2024-25 season.
In recent days, numerous basketball players who’ve exhausted eligibility have requested to enter the transfer portal in what have been described as attempts to be in line should eligibility rules become altered.