North Carolina AG sues NCAA over transfer eligibility rules
North Carolina Attorney General Josh Stein filed a federal lawsuit Thursday against the NCAA over its transfer eligibility rule.
The lawsuit alleges that the rule illegally restrains college athletes' ability to change schools and play sports.
In January, the NCAA instituted new rules for undergraduate students who transfer a second time that requires them to sit out a season or obtain a waiver from the organization. Players are eligible to transfer once as an undergraduate and also free to transfer after graduating without sitting out a season.
"Why are we limiting student-athletes in this way?" Stein said in an interview with WRAL. "They should be able to pursue their dreams just like any other American."
Stein compared athletes to students on music scholarships, administrators and coaches, such as Duke's Mike Elko who accepted a new job at Texas A&M shortly after the Blue Devils' regular season ended.
"As long as a student-athlete is in good academic standing and is on track to graduate, he or she should be able to transfer schools," Stein told WRAL.
The NCAA issued a statement to WRAL.
“The NCAA is disappointed in the decision by seven state attorneys general to bring legal action – with the tacit support of a small number of schools – the result of which could potentially mean team rosters changing monthly or weekly," said Saquandra Heath, the NCAA's associate director of external communications.
"The NCAA believes that if a member school objects to a rule or policy, that member should propose alternative rules that apply to everyone, not turn to lawsuits to bypass the system they designed.”
Stein wrote a letter to NCAA President Charlie Baker this fall outlining concerns over the transfer policy as it related to UNC wide receiver Tez Walker, who was eventually cleared to play by the NCAA. In the Sept. 26 letter, Stein said that his office was considering "pursuing litigation alleging violations of state and federal law."
Wake Forest basketball center Efton Reid was recently cleared by the NCAA to play as a transfer. Stein wrote a letter on behalf of Reid as well. Stein said he knows there are other athletes at other schools in North Carolina who are not eligible to play, but should be.
The case was filed in U.S. District Court for the Northern District of West Virginia. Attorneys general from Ohio, West Virginia, Colorado, Illinois, Tennessee, and New York are also part of the suit. The attorneys general are seeking a temporary restraining order and preliminary injunction to prevent the NCAA from enforcing the transfer rule.
"I know that there are student-athletes at ECU, at NC State who are currently not able to play but they should be able to play and so I want them to get on the court as quickly as possible," Stein said.
Stein, a Democrat, is running to be the state's governor in 2024.
He said his involvement in the Walker case was eye-opening. Walker missed the first four games of the season before the NCAA cleared him. Among the reasons for Walker's transfer from Kent State to UNC was so that his ailing grandmother could see him play in person.
"There's no good reason to keep them from playing," And it shouldn't be that you have the most sympathetic heart-wrenching story to be able to play. You shouldn't have to have a dying grandmother to be able to play."
The NCAA's Division I Council passed the transfer rule unanimously in January after complaints from coaches about multiple-time transfers. The new rule eliminated all undergraduate transfer waiver guidelines except for physical and mental health reasons. In Walker's case, his waiver was denied repeatedly before Stein and other lawyers became involved.
"We should not have to do this on a case by case basis," Stein said. "That's why I'm bringing the lawsuit every kid should be able to play."
