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Vandy QB Sues NCAA
Diego Pavia is seeking more eligibility, clarity for JUCO transfers
A while back I speculated Diego Pavia would file a lawsuit based on his NIL rights. Turns out I was only partially right. The suit was filed on November 8th in the U.S. District Court for the Middle District of Tennessee.
Pavia is currently in his fifth year of eligibility, after playing two years at New Mexico State, and is now in his third season at Vanderbilt. He is arguing the COVID-19 pandemic and specific challenges facing JUCO transfers warrant an extra season.
According the lawyer-monthly.com, the lawsuit highlights some key concerns that are relevant to athletes who come from junior colleges. The suit suggests counting JUCO seasons towards eligibility unfairly penalizes athletes for gaining experience at lower levels of competition. Less time playing at a higher level also limits the athlete’s ability to earn income from NIL, which is rapidly becoming the primary source of revenue for college athletes.
A key area to watch is the premise that athletes who transfer from low-profile programs to larger, high-profile programs should have expanded eligibility to seek NIL income. For many of these athletes, their only opportunity to earn income from their athletic ability is while they are competing in college. This is a very complex issue. JUCO programs are mostly part of the NJCAA, as well as other programs from NAIA schools. Would this apply to D II and D III programs within the NCAA? The only thing we know for sure is this - As long as NIL revenue is concentrated at the top of college sports, this type of litigation will continue.
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