NCAA Sues Ohio Gov. Mike DeWine Over Fifth-Year Eligibility Order
A federal complaint filed in Ohio challenges an executive order directing colleges to allow Class of 2022 student-athletes an extra season.
The NCAA announced that it has sued the Governor of Ohio in federal court, moving after Gov. Mike DeWine signed an executive order to grant Class of 2022 athletes a fifth year of eligibility ncaa-sues-governor. The federal complaint was filed on Friday, Oct. 16, 2026. DeWine's missive directs in-state colleges to permit Class of 2022 athletes a fifth season of eligibility complaint-details. The NCAA suing a sitting governor is believed to be a first in the organization's more than 100 years of history first-governor-suit.
On Tuesday, DeWine signed an executive order that would grant athletes in the state another year of eligibility if they’ve exhausted their NCAA eligibility, while prohibiting Ohio colleges from enforcing eligibility restrictions in place by the NCAA dewine-directive. In a 41-page complaint filed in the U.S. District Court for the Southern District of Ohio, the NCAA attacked the executive order as a "misguided attempt" to give Ohio universities an "unfair, unprecedented and unwarranted competitive advantage" complaint-details. The lawsuit asserted that DeWine is giving Ohio colleges "a hall pass to break the rules, in violation of multiple provisions of the United States Constitution as well as state law" hall-pass.
The NCAA's lawsuit requests a judge declare DeWine's executive order as violating the U.S. constitution, rule that it has no "force of law," and prohibit the governor under federal and state law from any enforcement of the order requested-relief.
Constitutional Claims and State Executive Power
The NCAA says the order is unlawful for three main reasons legal-three-grounds.
First, the order violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders legal-three-grounds. "A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor," the lawsuit states legal-three-grounds.
Second, the directive undermines the NCAA's First Amendment rights by "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules" legal-three-grounds.
Third, the filing asserts the order violates state law because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes legal-three-grounds.
The association issued a statement addressing the challenge to national collegiate athletic governance. "If state courts – or governors – can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field," the statement read, adding that "the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act" ncaa-statement.
The '5-in-5' Rule and Courtroom Battles
The NCAA changed its eligibility standard this summer, moving to an age-based model that grants athletes five seasons of eligibility, not four as was the case under the previous rule new-eligibility-rule. However, the association did not apply the rule retroactively to the class of seniors who completed their fourth season this past spring new-eligibility-rule. Many of those seniors, part of the 2022 signing class, have filed lawsuits to gain a fifth year new-eligibility-rule.
The eligibility dispute prompted legal actions across the country. Since June, roughly 330 players have received an additional year of eligibility in more than 150 lawsuits filed against the NCAA, while about 300 more have been denied eligibility lawsuit-wave.
The governor's executive order on Tuesday came a week after an Ohio court of appeals reversed a decision to grant a fifth season of eligibility to a group of athletes in a lawsuit, Borovicanin v. NCAA borovicanin-ruling. The Ohio Supreme Court has stayed a decision allowing UC's MJ Collins and XU's Filip Borovicanin eligibility in wake of Gov. Mike DeWine's order supreme-court-stay. Point guard Javon Bennett, a Dayton transfer trying to secure a fifth college season through the ongoing Borovicanin v. NCAA lawsuit, temporarily regained eligibility after the Ohio Supreme Court stayed a previous decision by the Ohio Court of Appeals dayton-transfer.
Direct Impact on Ohio Rosters
The order gives a "competitive advantage" to all Ohio institutions as "they can roster experienced fifth-year seniors, in violation of the NCAA rules to which they agreed to be bound, and allow those individuals to compete against other schools who cannot roster such players under the bylaws" all-ohio-institutions.
The complaint detailed how the executive order affects athletes both inside and outside the state. "That will harm both student-athletes within Ohio — who are losing roster slots to ineligible athletes — and student-athletes outside Ohio — who face competitive disadvantages simply because they and their schools continue to follow the rules," the lawsuit reads roster-harm.
The NCAA added that allowing those seniors to return for an unexpected fifth season of competition would give them a benefit they never reasonably could have expected, to the detriment of thousands of eligible student-athletes who have been waiting for their opportunity to compete detriment-student-athletes.
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The sources and records behind this story, with the facts they support.
Supporting evidence (4)
The NCAA announced that it has sued the Governor of Ohio in federal court, moving after Gov. Mike DeWine signed an executive order to grant Class of 2022 athletes a fifth year of eligibility ncaa-sues-governor.
Read supporting passage
The NCAA announced that it has sued the Governor of Ohio in federal court. The move comes on the heels of Governor Mike DeWine signing an executive order to grant Class of 2022 athletes a fifth year of eligibility.
On Tuesday, DeWine signed an executive order that would grant athletes in the state another year of eligibility if they’ve exhausted their NCAA eligibility, while prohibiting Ohio colleges from enforcing eligibility restrictions in place by the NCAA dewine-directive.
Read supporting passage
On Tuesday, DeWine signed an executive order that would grant athletes in the state another year of eligibility if they’ve exhausted their NCAA eligibility. The order would also prohibit Ohio colleges from enforcing eligibility restrictions in place by the NCAA.
"If state courts – or governors – can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field," the statement read, adding that "the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act" ncaa-statement.
Read supporting passage
“If state courts – or governors – can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field,” a statement read. “While we are confident our complaint will succeed in federal court, the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act.”
The NCAA added that allowing those seniors to return for an unexpected fifth season of competition would give them a benefit they never reasonably could have expected, to the detriment of thousands of eligible student-athletes who have been waiting for their opportunity to compete detriment-student-athletes.
Read supporting passage
allowing them to return for an unexpected fifth season of competition would give them a benefit they never reasonably could have expected, to the detriment of thousands of eligible student-athletes who have been waiting for their opportunity to compete.
Supporting evidence (19)
DeWine's missive directs in-state colleges to permit Class of 2022 athletes a fifth season of eligibility complaint-details.
Read supporting passage
The 41-page complaint, filed in the U.S. District Court for the Southern District of Ohio, viscerally attacks DeWine's executive order as a "misguided attempt" to give Ohio universities an "unfair, unprecedented and unwarranted competitive advantage." DeWine's missive directs in-state colleges to flout NCAA eligibility rules by ordering that schools permit Class of 2022 athletes a fifth season of eligibility.
The NCAA suing a sitting governor is believed to be a first in the organization's more than 100 years of history first-governor-suit.
Read supporting passage
The NCAA suing a sitting governor is believed to be a first in the organization's more than 100 years of history
In a 41-page complaint filed in the U.S. District Court for the Southern District of Ohio, the NCAA attacked the executive order as a "misguided attempt" to give Ohio universities an "unfair, unprecedented and unwarranted competitive advantage" complaint-details.
Read supporting passage
The 41-page complaint, filed in the U.S. District Court for the Southern District of Ohio, viscerally attacks DeWine's executive order as a "misguided attempt" to give Ohio universities an "unfair, unprecedented and unwarranted competitive advantage." DeWine's missive directs in-state colleges to flout NCAA eligibility rules by ordering that schools permit Class of 2022 athletes a fifth season of eligibility.
The lawsuit asserted that DeWine is giving Ohio colleges "a hall pass to break the rules, in violation of multiple provisions of the United States Constitution as well as state law" hall-pass.
Read supporting passage
DeWine is giving Ohio colleges "a hall pass to break the rules, in violation of multiple provisions of the United States Constitution as well as state law," the suit says.
The NCAA's lawsuit requests a judge declare DeWine's executive order as violating the U.S. constitution, rule that it has no "force of law," and prohibit the governor under federal and state law from any enforcement of the order requested-relief.
Read supporting passage
The NCAA's lawsuit requests a judge declare DeWine's executive order as violating the U.S. constitution, rule that it has no "force of law," and prohibit the governor under federal and state law from any enforcement of the order.
The NCAA says the order is unlawful for three main reasons legal-three-grounds.
Read supporting passage
The NCAA says the order is unlawful for three main reasons. The order (1) violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders. "A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor; (2) undermines the NCAA's First Amendment rights to "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules"; and (3) violates state law as the order is unlawful because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes.
First, the order violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders legal-three-grounds.
Read supporting passage
The NCAA says the order is unlawful for three main reasons. The order (1) violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders. "A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor; (2) undermines the NCAA's First Amendment rights to "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules"; and (3) violates state law as the order is unlawful because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes.
"A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor," the lawsuit states legal-three-grounds.
Read supporting passage
The NCAA says the order is unlawful for three main reasons. The order (1) violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders. "A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor; (2) undermines the NCAA's First Amendment rights to "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules"; and (3) violates state law as the order is unlawful because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes.
Second, the directive undermines the NCAA's First Amendment rights by "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules" legal-three-grounds.
Read supporting passage
The NCAA says the order is unlawful for three main reasons. The order (1) violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders. "A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor; (2) undermines the NCAA's First Amendment rights to "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules"; and (3) violates state law as the order is unlawful because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes.
Third, the filing asserts the order violates state law because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes legal-three-grounds.
Read supporting passage
The NCAA says the order is unlawful for three main reasons. The order (1) violates the Commerce Clause by prohibiting state action that burdens interstate commerce or regulates conduct beyond the state's borders. "A State may not enact laws that seek to reshape competition nationwide by conferring advantages on in-state institutions at the expense of out-of-state competitor; (2) undermines the NCAA's First Amendment rights to "purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the association's rules"; and (3) violates state law as the order is unlawful because DeWine lacks authority to order Ohio colleges and universities to roster ineligible athletes.
The NCAA changed its eligibility standard this summer, moving to an age-based model that grants athletes five seasons of eligibility, not four as was the case under the previous rule new-eligibility-rule.
Read supporting passage
The NCAA changed its eligibility standard this summer, moving to an age-based model that grants athletes five seasons of eligibility, not four as was the case under the previous rule. However, the association — a membership organization doing the bidding of the schools — did not apply the rule retroactively to the class of seniors who completed their fourth season this past spring. Many of those seniors, part of the 2022 signing class, have filed lawsuits to gain a fifth year.
However, the association did not apply the rule retroactively to the class of seniors who completed their fourth season this past spring new-eligibility-rule.
Read supporting passage
The NCAA changed its eligibility standard this summer, moving to an age-based model that grants athletes five seasons of eligibility, not four as was the case under the previous rule. However, the association — a membership organization doing the bidding of the schools — did not apply the rule retroactively to the class of seniors who completed their fourth season this past spring. Many of those seniors, part of the 2022 signing class, have filed lawsuits to gain a fifth year.
Many of those seniors, part of the 2022 signing class, have filed lawsuits to gain a fifth year new-eligibility-rule.
Read supporting passage
The NCAA changed its eligibility standard this summer, moving to an age-based model that grants athletes five seasons of eligibility, not four as was the case under the previous rule. However, the association — a membership organization doing the bidding of the schools — did not apply the rule retroactively to the class of seniors who completed their fourth season this past spring. Many of those seniors, part of the 2022 signing class, have filed lawsuits to gain a fifth year.
Since June, roughly 330 players have received an additional year of eligibility in more than 150 lawsuits filed against the NCAA, while about 300 more have been denied eligibility lawsuit-wave.
Read supporting passage
Since June, roughly 330 players have received an additional year of eligibility in more than 150 lawsuits filed against the NCAA. About 300 more have been denied eligibility.
NCAA borovicanin-ruling.
Read supporting passage
The governor's executive order on Tuesday came a week after an Ohio court of appeals reversed a decision to grant a fifth season of eligibility to a group of athletes in a lawsuit, Borovicanin v. NCAA.
The Ohio Supreme Court has stayed a decision allowing UC's MJ Collins and XU's Filip Borovicanin eligibility in wake of Gov. Mike DeWine's order supreme-court-stay.
Read supporting passage
The Ohio Supreme Court has stayed a decision allowing UC's MJ Collins and XU's Filip Borovicanin eligibility in wake of Gov. Mike DeWine's order.
NCAA lawsuit, temporarily regained eligibility after the Ohio Supreme Court stayed a previous decision by the Ohio Court of Appeals dayton-transfer.
Read supporting passage
Point guard Javon Bennett, a Dayton transfer trying to secure a fifth college season through the ongoing Borovicanin v. NCAA lawsuit, temporarily regained eligibility after the Ohio Supreme Court stayed a previous decision by the Ohio Court of Appeals.
The order gives a "competitive advantage" to all Ohio institutions as "they can roster experienced fifth-year seniors, in violation of the NCAA rules to which they agreed to be bound, and allow those individuals to compete against other schools who cannot roster such players under the bylaws" all-ohio-institutions.
Read supporting passage
The order gives a "competitive advantage" to all Ohio institutions as "they can roster experienced fifth-year seniors, in violation of the NCAA rules to which they agreed to be bound, and allow those individuals to compete against other schools who cannot roster such players under the bylaws."
"That will harm both student-athletes within Ohio — who are losing roster slots to ineligible athletes — and student-athletes outside Ohio — who face competitive disadvantages simply because they and their schools continue to follow the rules," the lawsuit reads roster-harm.
Read supporting passage
"That will harm both student-athletes within Ohio — who are losing roster slots to ineligible athletes — and student-athletes outside Ohio — who face competitive disadvantages simply because they and their schools continue to follow the rules," the lawsuit reads.