By Brian Murphy, WRAL

An NC State football player who is seeking a fifth year of eligibility has sued the NCAA, arguing that the governing body applies its rules arbitrarily and doesn’t take into account injuries when determining whether to allow an athlete to play another year — a scenario that could prevent some athletes from earning money.

The lawsuit — the latest in a series over the NCAA’s eligibility rules — centers in part on new rules that allow student-athletes to profit from their name, image or likeness. It also questions the NCAA’s standards for what it considers a full season of participation.

NC State cornerback Corey Coley, Jr. filed a lawsuit in the Eastern District of North Carolina on Friday. On Feb. 6, the NCAA denied Coley’s hardship waiver to retain eligibility for the 2025 season, the lawsuit states.

Coley, who played two seasons at Maryland and two seasons at NC State, is asking the court to allow him an additional year of eligibility after he suffered a season-ending injury in the Wolfpack’s sixth game of 2024.

NC State declined comment on the lawsuit. The NCAA didn’t immediately respond to a request for comment on the lawsuit.

The NCAA’s eligibility rules, the lawsuit says, “unjustifiably restrain competition.” They “fail to benefit college athletes, like Coley, who are enrolled or wish to be enrolled in college and whose services as a college football player in the relevant market are in demand, and from which they earn substantial NIL Compensation.”

Football players are typically allowed four seasons of eligibility by the NCAA. Players can use a redshirt season provided they do not appear in more than four games in that season, though players can also appear in postseason games without those counting against eligibilty. The NCAA did allow athletes an additional season of eligibility if they were in college in 2020 due the Covid-19 pandemic, which shortened seasons.

The lawsuit contends that the NCAA “arbitrarily determines what constitutes a season” and does so without regard to missed time due to injuries or whether the athlete remains enrolled. The lawsuit also states that the rules “unjustifiably restrains the ability of college athletes to continue to earn substantial sums through the use of their name, image and likeness.”

Coley also missed two games at Maryland in 2022. He was injured early in NC State’s game against Wake Forest in 2024 and missed the rest of the year. The lawsuit also spells out a variety of physical and mental hardships that Coley endured in his college career.

It says that he wants to return to NC State and would earn additional NIL money from 1Pack, the school’s collective.

If not for the NCAA rules, “there would be a market for Coley’s services as a Division I college football player, and Coley would have an opportunity to continue his education and while doing so, play football, from which he can earn substantial sums.”

Eligibility has taken on added significance in the NIL era. Established star players can earn hundreds of thousands and, in some cases, millions of dollars. Many, especially those without high draft grades, elected to use the Covid-era provision to play additional seasons in college. Now others with earning potential are turning to the courts to extend their eligibility.

A court recently ruled, in a suit brought by Vanderbilt quarterback Diego Pavia, that junior college seasons don’t count against the NCAA’s four years of eligibility. The NCAA responded by issuing a blanket waiver foraffected athletes.

The NCAA is considering a proposal to allow all athletes to play five seasons in five years, a move that could end redshirt seasons and hardship waivers.

Several other lawsuits have sought to NCAA rules around eligibility.

The NCAA faced a lawsuit over its two-time transfer rule involving then-North Carolina wide receiver Tez Walker, who was eventually allowed to play after a federal judge’s ruling. North Carolina women’s tennis athlete Reese Brantmeier filed a lawsuit against the NCAA over its rules that limit prize money college athletes can keep.

The NCAA has reached a nearly $3-billion settlement to end several antitrust cases brought by athletes who were unable to accept name, image and likeness payments. A judge is expected to approve the settlement in April, which would allow direct revenue sharing between schools and athletes.

Source: wralsportsfan.com