CHARLESTON, W.Va. (AP) – College athletes who were denied the opportunity to play immediately after their second transfer will be able to return to competition for now after a federal judge issued a 14-day temporary restraining order against the NCAA on Wednesday.
U.S. District Judge John Preston Bailey in northern West Virginia issued the order against the NCAA enforcing the transfer rule. A lawsuit filed by West Virginia and six other states alleged that the rule's repeal process violated federal antitrust law.
A hearing on the injunction is scheduled for Dec. 27, Bailey said.
The NCAA did not immediately announce whether it would appeal the ruling.
NCAA rules allow underclassmen to transfer once without having to sit out a year. However, an additional transfer as a student generally requires the NCAA to grant a waiver allowing the athlete to compete immediately. Without it, the athlete would have to miss a year at the new school.
Last January, the NCAA implemented stricter guidelines for granting these waivers on a case-by-case basis.
The states involved in seeking the injunction were Colorado, Illinois, New York, North Carolina, Ohio, Tennessee and West Virginia.
It was not immediately clear whether any of the affected players would attempt to compete during the 14-day window and what consequences they might face if the NCAA prevails in the lawsuit.
West Virginia basketball player RaeQuan Battle transferred from Montana State this season after previously playing at Washington and is sitting out.
“I’m in the gym with the team every day, with blood, sweat and tears,” Battle said. “When the ball gets thrown up and that tip-off starts, I’m not in the suit. That’s what hurts me the most.”
Battle, who grew up on the Tulalip Indian Reservation in Washington state, said his mental health was a big reason he came to West Virginia. Battle said he has lost “countless people” to drugs, alcohol and COVID-19.
After visiting West Virginia, Battle learned that current coach Josh Eilert had lived with his mother on the Pine Ridge Indian Reservation in South Dakota after his parents' divorce and felt a connection.
West Virginia Attorney General Patrick Morrisey said in a statement that the ruling “paves the way for student-athletes like RaeQuan Battle to play the sport they love and continue to improve.”
“We look forward to conclusively proving that the NCAA violated the Sherman Act by failing to maintain a consistent and defensible transfer rule and denying these student-athletes the opportunity to play,” Morrisey said.
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