Attorney General Miyares Scores Major Win for Collegiate Student-Athletes

Attorney General Jason Miyares announced a landscape-changing settlement with the National Collegiate Athletic Association (NCAA) that permanently eases restrictions on Division I college athletes who have transferred schools multiple times. 

“The NCAA’s inconsistent and arbitrary enforcement of its transfer eligibility rule served as an illegal restraint on student-athletes’ ability to market their talent and control their education. I’m pleased that we could reach an agreement with the NCAA over its transfer eligibility rule. This agreement not only enhances the rights of student-athletes but also provides new opportunities for them to reach their full potential – both on and off the court,” said Attorney General Miyares. 

The NCAA’s transfer eligibility rule required athletes transferring between Division I schools to wait one year before competing in games unless they were granted a waiver. Although the NCAA exempted first-time transfers from this rule in 2021, the organization continued to enforce the rule for subsequent transfers without providing legitimate reasons for denying waivers. 

The agreement is subject to approval by U.S. District Judge John Preston Bailey of the Northern District of West Virginia. Previously, Judge Bailey granted a preliminary injunction, preventing the NCAA from enforcing the transfer rule during the spring sports season. The proposed settlement announced today solidifies Judge Bailey’s decision in favor of the student-athletes. 

In addition to ensuring student-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.

In addition to Virginia, the attorneys general of Colorado, the District of Columbia, Illinois, Minnesota, Mississippi, New York, North Carolina, Ohio, Tennessee, and West Virginia, as well as the United States Department of Justice, signed the agreement.  

Original source can be found here.