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Federal Judge Gives Some Class of 2022 Athletes a Temporary Path to a Fifth Season

Cameron
Cameron
August 02, 2026
10 min read
Federal Judge Gives Some Class of 2022 Athletes a Temporary Path to a Fifth Season
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A federal judge has temporarily required the NCAA to recognize another season of eligibility for certain Division I athletes who began competing in 2022–23 and exhausted four seasons by spring 2026.


Editorial Note

This article examines an ongoing federal antitrust lawsuit involving NCAA eligibility rules. The court issued a class-wide preliminary injunction, not a final judgment that the NCAA violated federal law.

The order may be appealed or modified as the case continues. Athletes should confirm their individual status with a university compliance office before making enrollment, transfer, scholarship or professional decisions.

Federal Court Issues Class-Wide Preliminary Injunction

A federal judge in Colorado has temporarily required the NCAA to recognize a fifth season of eligibility for a defined group of Division I athletes while their lawsuit proceeds.

U.S. District Judge Charlotte N. Sweeney issued the class-wide preliminary injunction on July 31, 2026, in Wisne v. National Collegiate Athletic Association.

The certified class covers people in the United States who began participating in college sports during the 2022–23 season, competed in NCAA Division I athletics, completed four seasons under the previous eligibility rules by the end of 2025–26 and were prevented from playing a fifth season because of the NCAA’s new rule.

The order requires the NCAA to treat qualifying class members as eligible during the 2026–27 academic year. It does not permanently invalidate the NCAA’s eligibility system.

The Order Does Not Cover Every College Athlete

The ruling is broader than relief granted to a small group of named plaintiffs, but it does not automatically give every college athlete an additional season.

An athlete generally must fall within the court-certified class. That means the athlete must have started competing in 2022–23, participated at the Division I level and exhausted four seasons under the former NCAA framework by spring 2026.

Athletes must still satisfy academic, enrollment and institutional requirements.

The injunction also does not guarantee admission, a place on a team, athletic financial aid or a starting position. It temporarily removes the NCAA eligibility restriction challenged in the lawsuit.

NCAA Must Provide a Special Transfer Window

The court also directed the NCAA to open a special transfer-portal period for newly eligible class members from August 3 through August 10, 2026.

The window gives affected athletes an opportunity to contact other programs after many ordinary transfer periods and roster-planning deadlines have passed.

Its timing could create immediate challenges for fall sports. Universities may have already assigned scholarships, established roster limits, arranged housing and completed much of their preseason planning.

A newly eligible athlete may now be able to return to competition but still need to locate a school with academic admission, roster space and financial support.

What Changed Under the NCAA’s New Model?

The NCAA Division I membership adopted a new age-based eligibility model in June 2026, effective for the 2026–27 academic year.

The model establishes a continuous five-year eligibility period connected to a student’s age and full-time college enrollment.

It replaces a system that generally allowed four seasons of competition within five calendar years while incorporating redshirt seasons, waivers and rules that could vary depending on the sport or circumstances.

The NCAA presented the change as a simpler and more predictable framework.

For students entering college full time in fall 2026 and current athletes who still had eligibility remaining after 2025–26, schools are directed to apply either the prior framework or the new model, depending on which produces the more favorable result.

The dispute concerns athletes who had already used their fourth season by spring 2026 and therefore did not receive the same opportunity to benefit from the new five-year structure.

Why the Class of 2022 Challenged the Transition

Many athletes who began college in 2022 competed during four consecutive academic years without using a traditional redshirt season.

By the end of spring 2026, their eligibility was considered exhausted under the former system.

The plaintiffs argue that the NCAA then adopted a structure allowing some athletes to compete during five seasons without creating a fair transition for those whose fourth season had just ended.

They contend that the exclusion may cost them athletic scholarships, opportunities to complete degrees, professional exposure and name, image and likeness income.

The NCAA may argue that eligibility limits are necessary to preserve orderly competition, create opportunities for incoming athletes and prevent college participation from continuing indefinitely.

The court has not issued a final decision on those arguments.

Why Temporary Relief Matters

A preliminary injunction is intended to prevent harm while a court considers the full case.

Missing an athletic season can be difficult to repair later. A financial award cannot recreate games, championships, professional scouting opportunities or a final season with teammates.

The timing was therefore central to the athletes’ request.

The judge concluded that the class had satisfied the requirements for temporary protection while the antitrust claims are litigated.

That conclusion does not guarantee that the plaintiffs will ultimately prevail.

The Lawsuit Raises an Antitrust Question

The athletes allege that the NCAA’s eligibility restrictions violate federal antitrust law.

Their argument is that Division I athletics operates within a commercial environment involving scholarships, media exposure, NIL compensation and professional opportunities. They claim the disputed rule restricts their ability to participate in that market.

The NCAA has historically defended eligibility limits as necessary to distinguish college sports from professional leagues and protect the educational structure of intercollegiate competition.

Courts have become more willing to review NCAA restrictions under ordinary antitrust principles, particularly since the U.S. Supreme Court’s 2021 decision in NCAA v. Alston.

However, Alston addressed education-related benefits rather than creating an automatic right to unlimited athletic eligibility.

The court in Wisne must still determine whether the challenged transition rule unlawfully restricted competition.

Eligibility Does Not Guarantee a Scholarship

One of the most important distinctions is between NCAA eligibility and institutional opportunity.

The injunction may make an athlete eligible to compete, but universities generally control roster decisions and athletic-aid offers.

A school may have already:

Committed its available scholarships

Reached its roster limit

Admitted another athlete for the same position

Assigned housing and graduate-school placements

Decided to develop younger players

An athlete may therefore qualify under the court order but still have no guaranteed place to compete.

Public reporting should not describe every covered athlete as automatically returning for another season.

Returning Veterans Could Reshape Rosters

The ruling could benefit teams seeking experienced athletes shortly before competition begins.

A veteran player may provide leadership, immediate skill and greater name recognition. In some sports, that athlete may also attract significant NIL opportunities.

The same decision may reduce opportunities available to younger athletes.

A returning senior or graduate student could occupy a roster position, scholarship or playing role that coaches previously expected to give to a freshman, transfer or developing player.

That does not make the court’s order improper. It illustrates how a late eligibility decision can affect people beyond the athletes who filed the lawsuit.

Universities now have to balance the interests of newly eligible veterans with commitments already made to current team members.

The Ruling Extends Beyond Football and Basketball

Although football and basketball receive the most attention, the certified class applies across NCAA Division I athletics.

Athletes in soccer, volleyball, baseball, softball, track and field, swimming, gymnastics, wrestling, tennis, golf and other sports may also qualify.

For athletes in sports with limited professional opportunities, another season may provide time to complete a degree or continue into graduate study.

It may also be their final realistic opportunity to compete at an elite organized level.

The financial impact will vary significantly by sport, school and individual athlete.

New To Education Analysis

The NCAA created avoidable uncertainty by implementing a major eligibility change without a transition plan that clearly addressed athletes whose fourth seasons ended immediately before the new model took effect.

A future rule can be easier to administer while still treating one transitional group unfairly.

Class of 2022 athletes made decisions about competing, redshirting, academics and graduation under the previous rules. When the NCAA introduced a new five-year system, those who had just completed four seasons were left outside it.

That does not mean college athletes should receive unlimited eligibility.

Universities need stable recruiting and roster cycles. Younger athletes deserve opportunities, and college sports must retain reasonable participation boundaries.

The stronger approach would have been to resolve the transition before schools finalized 2026–27 scholarships and rosters.

Instead, athletes, coaches and universities received a major court-ordered change only weeks before fall competition.

What Universities Should Do

Universities should identify potentially covered athletes and coordinate among athletics compliance, admissions, financial aid and academic departments.

Before making an offer, a school should confirm that the athlete falls within the certified class, remains academically eligible and can be admitted to an appropriate degree program.

Programs should also verify scholarship and roster availability rather than implying that the injunction automatically restores a previous offer.

Coaches should communicate honestly with current players who may be affected by a returning athlete.

A decision can comply with the court order and still damage trust if existing team members are not told how their roles may change.

What Athletes Should Consider

Another season can be valuable, but returning may not be the best option for every athlete.

Students should consider whether a school has a realistic competitive role, whether financial aid is available and whether another year supports their academic goals.

They should also evaluate injury risk, professional opportunities, NIL agreements, housing, graduate-school admission and the consequences of transferring shortly before a season begins.

Athletes who have already signed professional contracts or accepted representation should obtain individual legal and compliance guidance before attempting to return.

Key Takeaways

A federal judge issued a class-wide preliminary injunction on July 31, 2026.

The order covers certain Division I athletes who began competing in 2022–23 and completed four seasons by the end of 2025–26.

The NCAA must treat qualifying class members as eligible for the 2026–27 season while the lawsuit continues.

A special transfer-portal window is scheduled for August 3 through August 10.

The ruling is temporary and does not represent a final determination that the NCAA violated antitrust law.

Eligibility does not guarantee admission, a scholarship or a roster position.

The order could affect athletes and team planning across Division I sports.

Frequently Asked Questions

Did the judge permanently strike down the NCAA rule?

No. The court issued a preliminary injunction while the case proceeds.

Does every athlete who graduated from high school in 2022 qualify?

Not automatically. The athlete must meet the terms of the court-certified class, including Division I participation and completion of four seasons by the end of 2025–26.

Does the ruling apply only to football and basketball?

No. It applies across NCAA Division I sports.

When is the special transfer window?

The court ordered a transfer-portal period from August 3 through August 10, 2026, for newly eligible class members.

Does an eligible athlete automatically receive a scholarship?

No. Individual universities control roster and financial-aid decisions.

What is the name of the lawsuit?

The case is Wisne v. National Collegiate Athletic Association in the U.S. District Court for the District of Colorado.

Can the NCAA appeal?

Yes. The NCAA may seek appellate review or ask the court to modify the injunction.

Final Thoughts

The order gives a defined group of athletes a temporary opportunity to compete during a season they believed was no longer available to them.

It also forces universities to reconsider rosters, scholarships and academic plans shortly before competition begins.

The case demonstrates how difficult it is to change national eligibility rules after athletes and institutions have spent years making decisions under a different system.

The NCAA needs the ability to create predictable participation limits.

Those limits must still comply with federal law and account fairly for athletes caught between two policy frameworks.

The final legal outcome remains unresolved. For now, the court has determined that qualifying athletes should not lose an irreplaceable season before their claims receive full consideration.

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Sources

NCAA — Division I Adopts Age-Based Eligibility Model

NCAA — Division I Age-Based Eligibility Rules

Wisne v. NCAA — Preliminary-Injunction Decision

Wisne v. NCAA — Federal Court Docket

ESPN — Judge Grants Injunction for Class of 2022 Athletes Seeking Fifth NCAA Season

Yahoo Sports — NCAA Athletes From Class of 2022 Can Receive Fifth Year Under Federal Ruling

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Cameron

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Cameron

Founder of New To Education, building a global platform connecting education, business, and opportunity.

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