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Jun 24, 2026 3:33 pm

Basketball players sue NCAA over new 5-year eligibility cap rule

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Photo by: Kirby Lee-Imagn Images

A day after the NCAA approved a new five-year eligibility model for Division I athletics, 15 men’s and women’s basketball players sued the NCAA in Hamilton County, Ohio, on Wednesday after they were excluded from being grandfathered into the model.

The new eligibility system, which becomes official Wednesday when the Division I Cabinet’s meeting concludes, eliminates redshirts and waivers — with limited exceptions for military service, pregnancy and religious missions — and gives all athletes five years of eligibility starting either when they turn 19 or arrive on campus.

While this will apply going forward for all athletes currently enrolled at schools, the NCAA decided it will not apply to athletes who used their fourth and final year of eligibility in the 2025-26 academic season.

All 15 of the basketball players in this lawsuit, including Xavier’s Filip Borovicanin and Cincinnati’s MJ Collins, graduated from high school in 2022 and used their entire eligibility, without a redshirt, the last four seasons under the outgoing system.

They are seeking a preliminary injunction to be deemed eligible for the 2026-27 season due to what they deem a misapplication of the rules under the new eligibility system.

“The NCAA’s application of this bylaw to Plaintiffs unfairly limits the number of games they can participate in during their ‘five-year eligibility window’ and unjustifiably restrains their ability to earn money through use of their name, image, and likeness (“NIL”) connected to their work as Division I athletes,” the complaint reads.

The lawsuit, filed by attorneys Ryan Downton and Darren Heitner, is just the beginning of what is expected to be multiple lawsuits across the country this week. The attorneys told Front Office Sports they have assembled a group of more than 50 basketball players who will be filing lawsuits this week in multiple states.

–Field Level Media

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