The National Collegiate Athletic Association (NCAA) has filed a lawsuit against Ohio Governor Mike DeWine, intensifying a disagreement that began days earlier when the governor signed an executive order. This order grants state universities the discretion to permit athletes who graduated from high school in 2022 to participate in a fifth collegiate season. This directive directly challenges a recent NCAA eligibility regulation that excludes these specific athletes.
Filed in federal court in Ohio, the legal challenge was described by NCAA President Charlie Baker as an "extraordinary step." Baker stated the action aims to prevent Governor DeWine from creating a situation where it would be "impossible for all schools to compete on a level playing field." The lawsuit asserts that Governor DeWine, a two-term Republican, is attempting to grant Ohio athletes "a hall pass" from adhering to established NCAA regulations. This legal confrontation between DeWine's order and the NCAA's subsequent lawsuit represents the latest development in a series of legal maneuvers that are progressively reshaping the governance of college sports rules across various states.
Reactions and Local Context
The recent conflict quickly elicited commentary from across the landscape of college athletics. Danny White, the athletic director for the University of Tennessee, expressed his reaction to the NCAA's announcement on social media, remarking, "This whole thing has become comical."
While Ohio's eight Division I athletic programs have not yet publicly commented on Governor DeWine's order, the measure has garnered support from Lieutenant Governor Jim Tressel, who previously achieved championship success as a coach at both Ohio State and Youngstown State. The state's Division I institutions include prominent programs such as the No. 4-ranked Ohio State of the Big Ten Conference, Cincinnati of the Big 12 Conference, and six member schools of the Mid-American Conference.
Under the provisions of Governor DeWine's order, both public and private universities within Ohio would have the authority to allow athletes from the Class of 2022 to compete, even if they have already completed four seasons of play. This contrasts with the NCAA's new guidance, which specifically excludes these individuals. The NCAA rule, enacted in June, is currently the subject of multiple ongoing legal disputes.
Legal Precedents and Ongoing Challenges
Governor DeWine's office has chosen not to comment on the lawsuit. Although it is uncommon for the NCAA to pursue legal action against a state governor, the organization has done so on previous occasions. In the early 1990s, the NCAA successfully litigated a case against then-Nevada Governor Bob Miller concerning a state law that would have mandated the association to offer enhanced due-process protections during its enforcement proceedings.
In its federal court filing, the NCAA articulated its objective as "to halt a misguided attempt to give Ohio colleges and universities an unfair, unprecedented and unwarranted competitive advantage in stadiums and arenas throughout the country." The lawsuit further stated, "College sports, like all sports, depend on participants following the rules. [DeWine] is attempting to give Ohio institutions a hall pass to break the rules."
The Ohio Supreme Court has already indicated its intention to review the legality of the executive order. As part of this process, the court temporarily halted an appeals court ruling in a related case that had previously declared the 2022 athletes ineligible. The Supreme Court has requested that both parties submit legal briefs in the case, where basketball player Filip Borovićanin is the primary plaintiff, by the upcoming Monday.
NCAA President Baker clarified that the association does not interpret the Ohio Supreme Court's temporary order as immediately rendering these players eligible to compete.
This particular case, along with similar ones nationwide, is gaining urgency daily, as it directly impacts football players and a number of basketball players whose eligibility for the approaching season remains uncertain. Among those affected are Javon Bennett, a transfer to Gonzaga; MJ Collins from Cincinnati; and Borovićanin himself, who participated in an exhibition game against Tennessee on Thursday evening after Governor DeWine's order reinstated him to the eligible roster.
For many years, the NCAA has advocated for federal legislation to curb the proliferation of lawsuits challenging its extensive rulebook, which governs hundreds of thousands of student-athletes across the United States. The Protect College Sports Act, designed to offer such protections, has been passed by the Senate and forwarded to the House of Representatives. However, its ultimate fate in an election year remains uncertain.
