[Hardrockerstudentathletes] NCAA JUCO Waiver - Further Information

[Nichols, Seth C.]

Good morning Hardrockers,
Towards the end of the Fall 2024 semester, the NCAA provided a blanket waiver for DIVISION 1 athletes to receive an extra year of eligibility for those who competed at a JUCO and would have EXHAUSTED their eligibility at the end of the 2024-2025 academic year.
Today, we received a little bit more information/clarification from the Diego Pavia ruling and how it may impact Division II and I wanted to give you as much information as quickly as possible.

The biggest takeaway for Division II is bullet point 3 (highlighted below).

  *   Pavia, a current FBS football player at Division I Vanderbilt, sued the NCAA over its eligibility standards, arguing that his junior college playing seasons should not count as part of his four seasons of NCAA eligibility. A Tennessee federal court granted Pavia a preliminary injunction that prohibits the Association from counting his junior college season.  The ruling said his junior college season should not count as participation in a season of competition. However, it did not remove the Division I 5-year clock, and other eligibility requirements must be met (such as academic progress).

  *   The Division I Board of Directors granted additional eligibility to all similarly positioned student-athletes, according to a memo sent to Division I schools. Student-athletes like Pavia who were expected to use their final season of competition this academic year are now eligible next season (2025-26).

  *   Based on the application of the NCAA legislation, when a student-athlete transfers from one division to another division, the student-athlete is subject to the legislation of the division by which they are transferring. Therefore, with the blanket waiver issued by the NCAA Division I Board of Directors, if a Division II student-athlete, who is in their final season of competition during the 2024-25 academic year, transfers to a Division I institution for the 2025-26 academic year, they may avail themselves of the Division I relief, provided they meet all of the requirements of the Division I blanket waiver (e.g., time remaining on their five-year clock, progress-toward-degree).

  *   The NCAA plans to file an appeal to the court's ruling in the Pavia lawsuit.

  *   The recent action by the court only applies to Pavia, and the blanket waiver issued by the Division I Board of Directors, only applies to the Division I membership for the next academic year. The Division II Management Council will continue its discussions of the Pavia case and its impact on Division II during its February 3 videoconference.

  *   This is an evolving legal situation. We will keep the DII governance structure up to date and will continue to assess if Division II is asked to act to change the division's eligibility rules.
Let me know if you have any questions.
Have a great day,
Seth

Seth Nichols, M.S.
Assistant Athletic Director for NCAA Compliance
Hardrocker Athletics
South Dakota Mines
501 E. Saint Joseph St., Rapid City, SD 57701
605.394.1689 | Seth.Nichols at sdsmt.edu<mailto:Seth.Nichols at sdsmt.edu>
[South Dakota Mines]<https://www.sdsmt.edu/>




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