By Brian Murphy, WRAL News

Four Duke and UNC football players, all of whom have played at least four years in college and earned their degrees, want an additional year of collegiate eligibility. But a North Carolina judge declined to grant them one Tuesday, saying he wasn’t prepared to upend the NCAA’s eligibility rules based on the evidence so far.

Duke football players Ryan Smith, Tre’Shon Devones and Cam Bergeron and UNC football player JJ Jones filed suit in Durham County, challenging the NCAA’s “five-year rule.” They’re asking the court to stop the NCAA from enforcing its eligibility rules, which grant most players four seasons on a college roster over five calendar years.

They argue they should be afforded an extra year, arguing that their playing careers were hampered by, in some cases, lack of playing time, injuries, mental health challenges, the death of loved ones, difficulty adjusting to academic rigors or coaching decisions that forced them into action.

The players could be selected in this week’s NFL Draft or sign contracts with NFL teams as undrafted free agents. But they’d prefer to return to school — where they stand to make more money through endorsements than an entry-level pro contract. They also could improve their draft status by playing another year in college. Jones could earn up to $500,000 in college, according to court filings.

This week’s draft was the reason for the urgency in the case, lawyers argued.

Lawyers for the players contend that the NCAA’s waiver process isn’t uniformly enforced and that the governing body’s “arbitrary” approach to waivers is unfair. The NCAA denied waivers for additional eligibility for the three Duke players Monday afternoon, a day before the hearing. Jones’ waiver request with the NCAA is still pending.

Recent court rulings have changed eligibility rules regarding players who first played in junior college (Vanderbilt quarterback Diego Pavia case) or at the Division II level (Wisconsin cornerback Nyzier Fourqurean case). The NCAA lawyers argued that those cases involved players who did not play four years at the Division I level and, thus, should not apply in this case.

Lawyers for the players argued that the NCAA’s adoption of a so-called “COVID year” for players in school during 2020 and the reported potential implementation of five years of eligibility risked turning some players in a “lost generation.”

Lawyers for the NCAA argue that none of the players meet special extenuating circumstances that have resulted in some playing sixth, seventh and even eighth years in college. All of the players have obtained their degrees and experienced a full career of college football, the NCCA’s lawyers say.

Judge Matthew T. Houston, a special Superior Court judge focused on complex business cases, heard testimony for nearly three hours at the Wake County Courthouse in Raleigh.

“That plaintiffs have ultimately presented a possibility, certainly sufficient evidence of a possibility of prevailing on the merits,” Houston told the players and their lawyers from the bench. “I think the evidence and record at this point is not sufficient to support a finding that there is a likelihood of prevailing on the merits and it’s largely an issue of what the record supports.”

Houston continued: “I don’t think, at this point, that there’s sufficient, adequate information in the record to support a finding … as to an unreasonable restraint of trade.”

The players, who were in court throughout the hearing, declined comment after the ruling.

“Unfortunately the preliminary injunction was denied, and while I’m disappointed with the result, my NCAA waiver is still pending,” Jones wrote on social media.

“The timing of this especially is unfortunate — being the class that came in the year right after COVID and the last class before the ‘supposed’ 5-year rule the NCAA will implement. Still, with the NFL draft just a few days away, I’m locked in and focused on the opportunity ahead. Blessed to be in this position and thankful for all the support along the way.”

Jones played in 47 games over four seasons at North Carolina, catching 110 passes for 1,794 yards, according to his UNC football page. There is some disagreement on how many games Jones played in the 2021 season, his true freshman year.

JJ Jones (5) North Carolina Tar Heels. North Carolina hosts Campbell University for an in-state out of conference match up. The Tar Heels regained their mojo with a 59 to 7 victory. PHOTO BY: Chris Baird.
Web Editor: Joseph Ochoa

Bergeron played in 46 games over four seasons at Duke, finishing with 100 tackles (83 in 2024), including 4.5 sacks, according to his Duke football page.

Smith played in 56 games over five seasons at Duke, including the 2020 COVID year. He had 70 tackles, including 14.5 for loss, in his career, according to his Duke football page.

Devones played in 45 games over six seasons at Rice and Duke. Devones played from 2019 to 2023 at Rice, missing the 2021 season with an injury, and played in 2024 at Duke, according to his Duke football page.

The cases, which are being heard together because the challenges are similar, are some of the latest to test whether the NCAA’s eligibility rules. There are several ongoing cases, including one in federal court in New Jersey involving a Rutgers football player and one in federal court in North Carolina, brought by Corey Coley Jr., an NC State player.

“It just seems incomprehensible that one more year for various reasons that each of them deserves that they shouldn’t be granted that, and we’re hopeful that as we can fully present our case that we will be able to prove that,” said Diana Florence, a lawyer for the players.

The challenges come as the NCAA is undergoing massive changes to its amateurism rules and may soon allow schools to pay players directly. Players have been able to earn money using their name, image and likeness since 2021, upending a long-standing prohibition.

The NFL Draft begins Thursday. It concludes Saturday, and undrafted players often sign with teams in the period immediately after the draft concludes.

Source: wralsportsfan.com