202627 NCAA Legal Update

---------- Forwarded message ---------

From: Charlie Baker <@ncaa.org>
Date: Fri, Oct 16, 2026 at 10:23 AM
Subject: Legal Update
To: <mcandrse@wvstateu.edu>

Web Version

This morning, at the direction of the NCAA Board of Governors and Division I Board of Directors, the NCAA took the extraordinary step of suing the Governor of Ohio. This action was necessary following the Governor's issuance of an Executive Order that attempts to compel Ohio colleges and universities to ignore NCAA eligibility rules to the disadvantage of thousands of student-athletes and institutions across the country.   The lawsuit, filed in the United States District Court for the Southern District of Ohio, seeks injunctive and declaratory relief for three independent grounds. First, the Executive Order unlawfully burdens interstate commerce in violation of the Commerce Clause in the U.S. Constitution by improperly conferring an advantage on Ohio in-state institutions. It also violates the First Amendment by purporting to provide Ohio institutions with legal cover to maintain their NCAA membership while simultaneously flouting the NCAA's rules. Finally, the Executive Order violates state law. I know something about this. Governors are expected to turn square corners and act within their authority. The Executive Order is unlawful because Governor DeWine lacks the authority to permit Ohio colleges and universities to disregard the rules they have agreed to follow by rostering ineligible student-athletes.   If state courts – or governors – can unilaterally change the rules to give certain schools competitive advantages, it will become impossible for all schools to compete on a level playing field. While we are confident our complaint will succeed in federal court, the answer to this state-by-state and court-by-court race to the bottom is the bipartisan Protect College Sports Act. I encourage every NCAA member to contact their Representative in Congress to pass this bill now so college athletes can be sure they’re playing with the same rules as their opponent.     The NCAA respects and honors the accomplishments of athletes whose eligibility expired in the 2025–26 academic year, and wishes them all the best in the future. But allowing them to return for an unexpected fifth season of competition would give them a benefit they never reasonably could have expected, to the detriment of thousands of eligible student-athletes who have been waiting for their opportunity to compete. Those student-athletes just as much deserve a voice and protection through the judicial process.   Separately, questions have been raised about the Ohio Supreme Court's recent order in the Borovicanin case. We look forward to answering the Ohio Supreme Court’s questions on Monday, as ordered. In the meantime, the NCAA does not believe the Ohio Supreme Court declared the Borovicanin plaintiffs immediately eligible to compete. The Ohio First District ruled they are not, consistent with the approach of virtually every appellate court that has stayed similar injunctions. In the ordinary course, the Ohio First District would have sent an order, called the “mandate,” to the trial court instructing it to vacate the injunction. The plaintiffs asked the Ohio Supreme Court to stay the issuance of the mandate, and to explicitly reinstate the trial court’s injunction. The Ohio Supreme Court stayed the mandate but did not reinstate the injunction. The injunction therefore remains stayed. Schools that read the order differently bear the risk of that interpretation.   Thank you for your continued leadership and advocacy on behalf of student-athletes and the future of college sports.   For more information about how you can support the PCSA click here.  Charlie Baker NCAA President Legal Filing This email was sent to NCAA athletics directors, conference commissioners, presidents and chancellors, general counsel, faculty athletics representatives, senior compliance administrators, senior woman administrators and sports information directors in all three divisions, the Division I Student-Athlete Advocacy Committee, the Division II Student-Athlete Advisory Committee and the Division III Student-Athlete Advisory Committee, as well as NCAA staff.

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202627 NCAA RULES EDUCATION #16 - Student Athlete having a Tryout with Professional Team After Enrollment

As the Fall seasons winds down, Fall sport student athletes begin thinking about either transfer portal and professional opportunities or both....

NCAA D2 Rules make signing with an Agent illegal and ends all chance of eligibility, 

however, several rules changes in the last few years give opportunity for Tryouts any time during the year

14.4.8 Involvement With Professional Teams.

14.4.8.1 Tryouts.

14.4.8.1.1 Tryout After Enrollment. A student-athlete may try out with a professional athletics team (or participate in a combine including that team) in a sport or permit a professional athletics team to conduct medical examinations at any time. A student-athlete may receive actual and necessary expenses related to the tryout from a professional sports organization or the national governing body. (Revised: 1/8/07 effective 8/1/07, 4/28/09, 1/21/17, 4/16/24)

14.4.8.1.2 Outside Competition Prohibited. During a tryout, an individual may not take part in any outside competition (games or scrimmages) as a representative of a professional team.

14.4.8.2 Practice Without Competition. Following initial full-time collegiate enrollment, an individual may participate in practice sessions conducted by a professional team, provided such participation meets the requirements of NCAA legislation governing tryouts with professional athletics teams (see Bylaw 14.4.8.1.1) and the individual does not receive any compensation or enter into a contract or agreement to practice or participate as a member of the professional athletics team. Such contracts or agreements would be separate from those that the individual may enter into with the professional team for name, image and likeness activities, as set forth in Bylaw 14.1.5. (Revised: 10/18/22, 1/10/24 effective 8/1/24)

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

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202627 SEC NIL CONTRACTS UNIFORM

https://www.athleticbusiness.com/operations/governing-bodies/article/15837418/sec-becomes-second-power-4-conference-to-adopt-standardized-nil-contracts?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

Click link to start workorder

202627 D2 FB ISSUES

https://www.athleticbusiness.com/operations/article/15837417/dii-athletics-director-promises-more-precise-field-markings-in-future-after-viral-video?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

Click link to start workorder

202627 U of MD Suspends Club Team over racist imagery

https://www.athleticbusiness.com/operations/governing-bodies/article/15837420/maryland-suspends-club-tennis-team-over-alleged-distribution-of-racist-imagery?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

Click link to start workorder

202627 HS Students in Texas arrested for Hazing

https://www.athleticbusiness.com/operations/safety-security/article/15835615/four-texas-high-school-studentathletes-arrested-in-felony-hazing-case?utm_source=Newsletter&utm_medium=email&utm_campaign=ATHLCD261013005&utm_term=&oly_enc_id=5245H2863912E1Z

Sean McAndrews, MA
Associate AD Senior Compliance, Administration

3047664122 office

West Virginia State University

NCAA D2

MEC CHARTER MEMBER

https://ncaad2rules.blogspot.com/

"Work hard in silence, let your success be your noise" - Anonymous

Please report IT, COL and Physical Facilities issues by sending an email with complete information to the appropriate address:

IT-helpdesk@wvstateu.edu

col-helpdesk@wvstateu.edu

Facilities - Janitorial

Click link to start workorder