
Joey Aguilar was granted a temporary restraining order on Wednesday in the Knox County Court.
Aguilar is seeking a fourth season of eligibility to play quarterback for the Tennessee Volunteers, citing that his time at Diablo Community College should not count against his Division I eligibility clock. This was not only a win for him, but a loss for the NCAA's ability to enforce eligibility rules.
Tennessee head coach Josh Heupel and his offensive staff are hoping for an Aguilar return to Knoxville. The signal-caller threw for 3,565 yards and 24 touchdowns last season. After bringing in a transfer portal class that emphasized improving the defense, the Vols look to be a playoff contender next year with continuity on the offensive side of the ball.
Similarly, Diego Pavia filed a lawsuit against the NCAA in November 2024, challenging the NCAA's rules on the eligibility of junior college athletes. It took a month for Pavia to be granted his TRO, and his case was settled with a preliminary injunction. Aguilar chose to file in state court and was granted a TRO within a week; he awaits his hearing on the preliminary injunction.
UPDATE: Joey Aguilar has been granted temporary eligibility to play another year of college football
— Vol Report (@AllVolReport) February 4, 2026
His hearing is scheduled for Friday, Feb 6th. pic.twitter.com/5HFnuaonr0
Aguilar and his representation decided to file the TRO in the Knox County Chancery Court on the state level. This has become a popular option for athletes seeking an extra year of eligibility. State courts read the NCAA rules differently and also provide sympathy to certain athletes. The NCAA has preferred to file cases in federal court rather than state court because federal courts are more likely to apply the same set of standards to rule on cases. In an in-state court, each case could be ruled upon differently, and as little power as the NCAA has had in the NIL era, it faces losing even more.
The NCAA may reach a point where it has to ask for federal legislation to try to get the college sports world back under control. Even that would put the NCAA at risk. The federal government could write legislation that further limits the NCAA's ability to enforce rules, or even worse, create a new oversight body that ends the NCAA.
There is no doubt that with this successful ruling, more athletes will seek an extra year of eligibility. It may be time for the NCAA to modify its rules to a more pro-style model. The athletes at this moment are more than amateurs, but the NCAA is stuck imposing decisions based on an old, outdated model that has lost steam since the beginning of the NIL era. This is just another example of authority lost by the NCAA.
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