NCAA’s eligibility cutoff left the Class of 2022 behind, but Ohio’s governor just intervened

Attorneys for Ohio student athletes who weren’t allowed to play in the 2026-2027 season due to recently adopted NCAA rules have praised Gov. Mike DeWine for signing an executive order allowing their clients to play. Ryan Downton, who represents student athletes from Ohio who sued the NCAA for denying them the ability to play this year, told Just the News that DeWine made the right decision with his executive order.

“We are thankful that Gov. DeWine took action to ensure that all student-athletes in Ohio are treated equitably with their peers. Hopefully, the NCAA will stop its misguided quest to deny the Class of 2022 the same fifth-year offered to everyone else. If not, we hope other governors will follow suit,” Downton said.

NCAA’s confusing rules tangled up the class of 2022's eligibility for a fifth year

DeWine signed the executive order earlier this week, acknowledging the NCAA’s confusing rules adoption that applied to students who entered college in 2023, but not 2022, even though the latter would still have eligibility under the new rules as fifth-year students.

"When the rules change, fairness has to remain part of the equation," DeWine said when signing the executive order. "We want Ohio's student-athletes to have the same opportunity as student-athletes in other states."

Just the News previously reported that students who entered college in 2022 were caught between old and new NCAA eligibility rules, with lawsuits being their only recourse.

Judicial disparity across the nation

Courts across the country have reached different results in such cases, even though the athletes are in similar positions. This means that some athletes are able to play while others are not, and roster composition can turn on which court addressed a particular case, leaving some schools and conferences at a disadvantage.

In Ohio, Xavier University basketball player Filip Borovicanin and University of Cincinnati basketball player MJ Collins, among others, sued the NCAA because they were still in college but couldn’t play all five years of eligibility because they were left out of the rule change. State judges in the Hamilton County Court of Common Pleas determined the rules excluding the 2022 entering class were “arbitrary and capricious.” That court entered an injunction against the NCAA rules that would allow the athletes to play. But the First District Court of Appeals in Ohio issued a stay that stopped the lower court’s order. Earlier this month, the First District reversed the lower court’s injunction, arguing the trial court “abused its discretion.”

The Protect College Sports Act passes Senate, awaits House passage

DeWine’s executive order would undo the court orders and allow Borovicanin, Collins, and any other athletes in their situation to return to the game.

Shams Hirji, an attorney with Ashbrook Byrne Kresge, told Just the News that the law firm “is proud to stand up to defend the rights of these student athletes, and appreciates Governor DeWine’s support for the student athletes of Ohio.”

So far, other state governors have not issued similar executive orders, but the U.S. Senate passed the Protect College Sports Act sponsored by Sen. Ted Cruz, R-Texas. The new law would apply the new NCAA rules regarding eligibility to all athletes across the country. The House has not passed the bill.