College athletes sue NCAA over exclusion from new five-year eligibility rule

On June 23, the NCAA approved new Division I eligibility rules. Less than three weeks later, 11 Division I athletes filed a federal class-action lawsuit in the U.S. District Court for the District of Colorado, arguing the new rules unfairly prevent them from extending their college careers and pursuing additional name, image and likeness opportunities.

The new eligibility model allows qualifying athletes to compete for up to five seasons if they enroll in college no later than the academic year following their 19th birthday, but athletes who exhausted their eligibility during the 2025-26 academic year were not granted an additional season.

Eleven athletes challenge the NCAA

The plaintiffs completed what they believed would be their final seasons of college eligibility before the NCAA announced its new eligibility model. 

They argue they should also receive the opportunity to compete for a fifth season under the updated rules. 

How the new eligibility rule works

Under the new age-based eligibility model, athletes who enroll in college no later than the academic year following their 19th birthday may receive up to five seasons of competition. The rule will fully apply to students who first enroll in college in fall 2027 or later. 

For athletes who still had eligibility remaining after the 2025-26 academic year and for students enrolling during the 2026-27 academic year, schools will apply either the previous eligibility rules or the new age-based model, whichever is more beneficial to the student-athlete. However, athletes who exhausted their eligibility during the 2025-26 academic year are not granted another season.

In the online statement announcing the new eligibility model, the NCAA Division I Cabinet Chair said:

 “With these changes, the Cabinet has taken decisive action for the benefit of student-athletes and the system of NCAA Division I athletics,” said Josh Whitman, athletics director at Illinois and chair of the Cabinet. “For many student-athletes who enroll in college immediately after high school, these changes will result in the opportunity to potentially compete for an additional season in their chosen sport. For campus officials and coaches, this change provides rules that are simpler to administer and easier to predict for roster management decisions.”

Under the new age-based model, traditional eligibility waivers and clock extensions will no longer be available. However, schools have until July 31, 2026, to submit waiver requests under the previous eligibility rules for circumstances that occurred during or before the 2025-26 academic year.

Plaintiffs say they were excluded from new eligibility model

In a statement announcing the lawsuit, the plaintiffs' attorney stated:

"These athletes aren't asking for special treatment. They're asking to not be singled out and excluded from the NCAA’s eligibility framework. The NCAA updated the rules but refused to apply them only to the very group that was most immediately affected. If the NCAA has determined that five years of eligibility is the fair rule for college athletes, then athletes who would still be eligible but for completing four years of eligibility should not be deprived of the same educational, athletic, and NIL opportunities."

Because the NCAA did not apply the new eligibility model retroactively, the plaintiffs argue they lost the opportunity to compete for another season, continue working toward their degrees and earn additional NIL compensation that would have been available had they remained eligible.

Court filing seeks immediate relief

According to the court filing, obtained by ESPN:

"Unless the Court grants Plaintiffs both immediate and lasting relief, Plaintiffs will incur significant irreparable harm and monetary damages. More specifically, Plaintiffs will forever lose the opportunity to complete the remainder of their collegiate careers alongside their teammates who will benefit from the rule change--as well as significant Name, Image, and Likeness ("NIL") compensation that is contingent on them playing this next season. And in some cases, despite the NCAA's stated concern for athletes' educational opportunities, Plaintiffs will lose the scholarships and opportunities that they are counting on to finish their desired degrees."

The plaintiffs are asking the court to act quickly to allow them to compete during the 2026-27 season while the lawsuit proceeds. The NCAA has not yet publicly responded to the lawsuit.