NCAA sues Ohio governor over fifth‑season eligibility order
The National Collegiate Athletic Association filed a federal lawsuit against Ohio Gov. Mike DeWine on Oct. 16, 2026, seeking to block an executive order that permits universities in the state to allow athletes who graduated high school in 2022 a fifth year of competition.
The lawsuit, filed in federal court in Ohio, contends that the order directly conflicts with the NCAA’s eligibility guidance adopted in June, which bars players who have already used four seasons from returning for a fifth. NCAA President Charlie Baker called the legal action an “extraordinary step” meant to prevent Ohio from gaining an “unfair, unprecedented and unwarranted competitive advantage” that would undermine a level playing field for schools across the country.
Under Governor DeWine’s order, both public and private colleges in Ohio may grant the Class of ’22 a fifth season, even though the NCAA’s new rule excludes those athletes. The complaint describes the measure as a “hall pass to break the rules,” arguing it threatens the integrity of college sports nationwide.
Ohio’s legal landscape is already tangled. The Ohio Supreme Court announced it would review the executive order and paused an appeals‑court ruling that had declared the ’22 athletes ineligible. The court has asked both sides to file briefs by the coming Monday, with basketball player Filip Borovićanin named as the lead plaintiff.
State officials and athletes have praised the governor’s move. DeWine said, “When the rules change, fairness has to remain part of the equation,” emphasizing his desire to give Ohio’s student‑athletes the same opportunities as peers in other states. Attorneys for the athletes, including Ryan Downton, argued the order corrects an “arbitrary and capricious” exclusion of the 2022 class.
The dispute arrives as the Protect College Sports Act, a federal bill sponsored by Sen. Ted Cruz, moves through Congress. The Senate has passed the legislation, which would standardize the NCAA’s eligibility rules nationwide, but the House has yet to act. The outcome of the Ohio case could influence how the law is applied in other states and shape the future of collegiate athletics eligibility.
