Nick Davis

NAIA just announced they’re changing to a 5 year rule, but it’s significantly different than the NCAA’s new 5-in-5 rule. Expect this distinction will be raised in NCAA eligibility lawsuits. The NAIA’s new eligibility rule is less susceptible to legal attack than the NCAA’s, because it links the 5th season to academics rather than age. It also doesn’t require all 5 seasons to be played consecutively. Courts have generally given leeway under antitrust law for college sports rules that are tied to academics. Athletes filing antitrust challenges to the NCAA’s version might cite the NAIA’s new, arguing that the NAIA rule is a viable, less restrictive alternative to the NCAA “5 in 5” model- a key factor in the antitrust test. In other words, that college sports can work just fine with a rule that is more flexible. The NCAA would disagree, of course, and might respond that its rule follows a typical academic timeline and better preserves opportunities for incoming HS athletes.