NCAA calls on Colorado 10th Circuit to reverse class of 2022 eligibility ruling

The NCAA is standing by its decision not to grant a blanket waiver for a fifth year of eligibility to student-athletes in the 2022 high school recruiting class following the adoption of its age-based eligibility model.

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NCAA Chief Legal Officer Scott Bearby reiterated that stance in a statement Tuesday, Aug. 11, announcing a decision by the Division I Council. The move comes as the NCAA continues its battle in the U.S. District Court of Colorado after Judge Charlotte Sweeney issued a temporary injunction granting 2022 recruits an additional year of eligibility.

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“The Division I Cabinet, including its student-athlete members, carefully considered whether to make the age-based eligibility rule apply retroactively, and decided that doing so would not be in the best interest of all current and future college athletes,” the statement read. “We stand behind and will continue to fully defend the membership’s decision.

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“The injunction should never have been granted, and we have asked the Tenth Circuit to permanently reverse it.”

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Bearby continued by mentioning that the Wisne injunction remains in effect, for the time being, and that the 10th Circuit has ordered an expedited briefing on the NCAA’s request for a stay pending appeal on the court ruling.

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The NCAA has a deadline of Monday, Aug. 17 to file its reply brief for the case, according to its statement.

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Sweeney issued an injunction against the NCAA on Friday, July 31, allowing all class of 2022 athletes a fifth year of eligibility. Then on Sunday, Aug. 2, she added a clarification to the court filing, stating that athletes granted a fifth year of eligibility can’t override current transfer rules, roster limits or revenue-sharing totals.

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“The Court’s order does not enjoin the operation of transfer rules,” Sweeney wrote. “As the plain language of the preliminary injunction order and this order make clear, the Court’s injunction concerns only the implementation of the Rule (as defined in the preliminary injunction order) and any Bylaw that prohibits Plaintiffs and Class Members from competing in a fifth season of collegiate athletics.”

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The NCAA adopted an age-based eligibility model in late June, where an athlete’s five-year eligibility clock would start upon full-time enrollment at a university or at the beginning of the academic year following their 19th birthday, whichever comes first.

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The NCAA strictly noted when it announced the change that the “five-for-five” eligibility model would not be applied to athletes who completed their fourth season of college eligibility by the conclusion of the spring 2026 season. There is flexibility for schools to either apply the new eligibility model or continue with the old model — with the deciding factor being which model is better suited for the athlete — for those who are currently enrolled and have eligibility after this past academic year and for those who are incoming freshmen this academic year.

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This article originally appeared on USA TODAY: NCAA calls on Colorado 10th Circuit to reverse class of 2022 eligibility ruling