NCAA Baseball Player Following Diego Pavia's Path for More Eligibility, NIL

Following the Diego Pavia injunction victory, a baseball player seeks similar results as the NCAA tests the validity.

Dec 27, 2024; Birmingham, AL, USA; Vanderbilt Commodores quarterback Diego Pavia (2) warms up before the 2024 Birmingham Bowl at Protective Stadium. Mandatory Credit: Vasha Hunt-Imagn Images / Vasha Hunt-Imagn Images

Nothing defines the spirit of college sports better than a good injunctive relief lawsuit.

In a time when junior college players are finding themselves in Court seeking injunctions to play additional seasons at the Division I level, Kansas State baseball player Cary Arbolida is no different.

He already spent five years playing in JUCO and at the University of Houston, but is seeking an injunction to play two more seasons for the Wildcats. It is important to note that one of his JUCO seasons was the COVID season in 2020.

Arbolida's case is similar to the case filed by Vanderbilt quarterback Diego Pavia. Pavia was granted a preliminary injunction which is allowing him to play during the 2025 season. Arbolida is relying on the Pavia ruling as controlling authority in his suit.

After the Court's decision in Pavia, the NCAA granted a blanket waiver to all JUCO football players to compete in 2025. The NCAA mandate, however, only applies to fall sports athletes. The blanket technically does not apply to Arbolida, although it should, says his lawyers. Baseball is played in the spring semester.

The lawsuit, in part, states the following:

“Although Pavia and Arbolida have nearly identical collegiate eligibility records (one year disregarded for COVID-19, one JUCO year, and three Division I years for Pavia and one year disregarded for COVID-19, two JUCO years, and two Division I years for Arbolida), the NCAA’s Blanket Waiver does not, on its face, extend relief to Arbolida,” the filing states. “Unlike football, collegiate baseball is played in the Spring. Therefore, Arbolida must use his third year of Division I eligibility during the Spring 2025 baseball season.

We have another Pavia-like lawsuit, and by another college baseball player.

Cary Arbolida, who played three years at JUCO Orange Coast College before playing two years at Houston, is now seeking an injunction that would allow him to play this year and next year for K-State. pic.twitter.com/9DMrnjrp9w

— Sam C. Ehrlich (@samcehrlich) February 14, 2025

“Because the NCAA Blanket Waiver extends eligibility only to athletes using their fourth year of Division I eligibility for Fall 2025 or Spring 2026 seasons, Arbolida is not covered by the waiver. This arbitrary distinction harms Arbolida and is another example of the NCAA’s unlawful restrictions on the market for Division I athletics.”

Arbolida is looking to play two more seasons for one reason. He is looking to grab the NIL cash he can make in Manhattan, Kansas, which is far greater than the money he can make in the bus leagues of minor league baseball.

The filing states that the NIL opportunities are far greater at a major Division I institution as opposed to non-Division I institutions. For that reason, he turned down the University of Tampa where he was originally scheduled to transfer to this season.

Arbolinda stands to earn in excess of $50,000 if he is allowed to pitch for Kansas State in the spring. He will have the opportunity to earn more than that in 2026 depending on the season he has in the spring.

It should be noted that Arbolida was already accepted to KSU and enrolled in classes as a full-time student.

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