NCAA sues DeWine over eligibility executive order

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(The Center Square) – The NCAA on Friday sued Ohio Gov. Mike DeWine in federal court after the governor issued an executive order earlier this week giving Ohio colleges and universities the option to expand the eligibility options for some student-athletes.

“In June, the NCAA adopted a new eligibility model, giving all otherwise eligible student-athletes up to five years of competition,” DeWine said in a statement.

Under the new rules, eligibility starts the academic year after a student turns 19 or when first enrolled full-time in college, whichever comes first.

“Under the NCAA’s implementation guidance, however, student-athletes who graduated from high school in 2022 and have already completed four seasons of competition are denied a fifth season,” DeWine said.

The controversy is over fairness, DeWine said,

"When the rules change, fairness has to remain part of the equation," DeWine said. "We want Ohio's student-athletes to have the same opportunity as student-athletes in other states."  

The NCAA said Friday it took the “extraordinary” step of suing DeWine because the order would give Ohio schools an advantage.

“This action was necessary following the governor’s issuance of an executive order that attempts to compel Ohio colleges and universities to ignore NCAA eligibility rules to the disadvantage of thousands of student athletes and institutions across the country,” the NCAA said in a statement.

The lawsuit cited several constitutional violations in DeWine’s order, including the First Amendment by “purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the NCAA’s rules. The Executive Order is unlawful because Governor DeWine lacks the authority to permit Ohio colleges and universities to disregard the rules they have agreed to follow by rostering ineligible student-athletes.”

DeWine declined to comment on the lawsuit, his spokesman, Dan Tierney, told The Center Square.