In a stunning move sure to shake up the collegiate athletic community, Vanderbilt quarterback Diego Pavia announced a lawsuit against the NCAA and requested a temporary restraining order pertaining to Pavia’s collegiate eligibility.
Pavia formally filed the lawsuit last Friday in federal court in which he argued that the two years he played at the JUCO level for New Mexico State Institute shouldn't count towards his collegiate eligibility due to the fact that he was unable to profit from Name, Image or Likeness (NIL) during that time period.
The suit also alleges the NCAA has different rules and eligibility restrictions for JUCO players than for athletes who choose to delay entry to an NCAA Division 1 college to attend prep schools or other reasons.
The comparison between schools like Hargrave Military Academy, a military pre-college prep academy, and New Mexico Military Institute, where Pavia attended, is at the crux of the argument. Hargrave attendees usually spend a year for either personal or athletic development before moving on to an NCAA school with their entire eligibility intact. That is not the case for NMMI which is accredited as a junior college that counts towards the NCAA eligibility clock.
Pavia and his attorneys requested a temporary restraining order alleging Pavia would suffer immediate and irreparable harm without a court decision due to the fact the transfer portal for college football opens on December 9th. Pavia’s attorneys argue that even waiting one day past the deadline for a court decision would “place him between a rock and a hard place” in regards to negotiating a NIL deal with Vanderbilt or other interested teams.
However, in a short-term blow to Pavia’s case, the court ruled against the temporary restraining order which would have granted Pavia a guaranteed 6th year of eligibility.
“Given that the plaintiff has almost certainly been aware of the challenged bylaws and his ineligibility to play college football in the 2025-2026 season for quite some time and has been discussing possible resolution with the NCAA, the Court is not persuaded that an ex parte order is justified.” William Campbell Jr., chief judge of the U.S. District Court of the Middle District of Tennessee wrote in his ruling.
Pavia’s attorney, Ryan Downton, said he was “disappointed” by the ruling but “not surprised” that the judge wanted to allow the NCAA to defend its position in court.
Pavia wouldn't lack suitors if the court ruled in his favor for a 6th year. After spending two seasons at the JUCO level and then another two at New Mexico State, Pavia transferred to Vanderbilt for his last year under the COVID-19 eligibility ruling.
Since joining Vanderbilt in the offseason, Pavia solidified the Commodores quarterback position and has led the team to an improbable season thus far with unexpected wins over No. 1 Alabama and Auburn while losing close games to Texas, Missouri, and Virginia Tech.
With the rumored going price of a quality transfer D1 quarterback in the millions of dollars, Pavia is sure to cash in on an unexpected windfall provided a favorable ruling in his suit.
