Attorney General Morrisey, Allies Score Major Win for College Athletes

West Virginia Attorney General Patrick Morrisey on Thursday announced a proposed consent judgement has been submitted in a lawsuit against the NCAA that challenged the association’s Transfer Eligibility Rule, which would permanently bar the organization from enforcing its onerous transfer rule.

 The agreement, which must be approved by U.S. District Judge John Preston Bailey, removes what the coalition views as an illegal restraint on the athletes’ ability to market their labor and control their education.

 At issue was the NCAA’s transfer eligibility rule, which required athletes who transferred among Division I schools to wait one year before competing in games unless they were granted a waiver. Although it never changed its rule, the NCAA in 2021 began automatically exempting first-time transfers from the regulation. Simultaneously, it continued to enforce the rule for subsequent transfers and to deny waivers for no legitimate reason.

 The lawsuit, filed in December, was spurred after the NCAA denied RaeQuan Battle a transfer waiver allowing him to immediately play basketball for West Virginia University. After a preliminary hearing in December, the U.S. District Court for the Northern District of West Virginia temporarily ordered the NCAA to allow transferring students to participate in games through the end of this academic year.

 “This a great victory for not only RaeQuan, but for all student-athletes burdened by the flawed NCAA transfer rule,” Attorney General Morrisey, who worked with a coalition of 10 states led by Ohio in the lawsuit, said. “The NCAA needs to enact consistent, logical and defensible rules that are fair and equitable for everyone.”

 The District of Columbia and the U.S. Department of Justice later joined the coalition in the lawsuit. The lawsuit alleged the NCAA violated Section 1 of the Sherman Act.

 “The NCAA needs to recognize underlying issues that affect student-athletes in every decision,” Attorney General Morrisey said. “Real life issues often are at stake.”

 The proposed settlement makes permanent the judge’s decision in favor of the athletes.

In addition to ensuring athletes’ autonomy, the agreement also: 

• Prevents retaliation from the NCAA against member institutions and athletes who challenge the rule or support those who do. This includes safeguarding student athletes' rights to compete during legal proceedings without fear of punitive actions from the NCAA.
• Requires the NCAA to grant an additional year of eligibility to Division I athletes who for any reason were previously deemed ineligible under the transfer eligibility rule since the 2019-20 academic year.
• Prohibits the NCAA from undermining or circumventing its provisions through future actions, rules or policies, thereby ensuring college athletes' rights and freedoms.
• Establishes the court's continuing jurisdiction to enforce its terms and resolve any disputes that may arise.

Besides Attorney General Morrisey and Ohio Attorney General Dave Yost, attorneys general of Colorado, Illinois, Minnesota, Mississippi, New York, North Carolina, Tennessee, Virginia and the District of Columbia, as well as the U.S. Department of Justice, have signed on to the agreement.

Original source can be found here.