Diego Pavia’s NCAA Suit Challenges Blanket Eligibility & NIL Limits

Vanderbilt QB Diego Pavia’s landmark lawsuit against the NCAA targets restrictive eligibility rules that limit JUCO transfers' NIL opportunities.

Vanderbilt Commodores quarterback Diego Pavia (2) celebrates a first down as Auburn Tigers take on Vanderbilt Commodores at Jordan-Hare Stadium in Auburn, Ala., on Saturday, Nov. 2, 2024. Vanderbilt Commodores defeated Auburn Tigers 17-7. / Jake Crandall/ Advertiser / USA TODAY NETWORK via Imagn Images

Diego Pavia, the Vanderbilt Commodores breakout quarterback, has taken the NCAA to court, launching a legal battle that could redefine athlete rights and economic opportunities in college sports. At the center of Pavia’s fight is the NCAA’s “JUCO Eligibility Limitation Bylaws,” a set of rules that restrict the eligibility of former junior college (JUCO) athletes, cutting their time at the NCAA Division I level and, by extension, stifling their ability to fully capitalize on lucrative Name, Image, and Likeness (NIL) deals.

Pavia’s story exemplifies how these restrictions, with the advent of NIL, go beyond competition rules to suppress athletes’ economic potential actively. After graduating high school without a Division I offer, Pavia is enrolled at New Mexico Military Institute, playing in a COVID-shortened 2020 season. As noted in the lawsuit, during this time, he “played only eight games of a partial season and had no opportunity to earn NIL Compensation.” Despite this, the NCAA began counting down his eligibility clock immediately, imposing limitations that have continued to shadow his collegiate career​.

For Pavia and other athletes, the NCAA’s rules represent more than just administrative boundaries; they are economic roadblocks that unfairly disadvantage those who begin their athletic careers outside the NCAA’s system. The complaint states: “The NCAA and its member institutions control the highest and most popular level of collegiate athletics. Therefore, any individual who wishes to provide athletic services in exchange for the payment of partial or full tuition for an undergraduate academic education and wishes to derive substantial benefits from competing at the highest level of collegiate athletics must, by necessity, attend an NCAA Division I member institution.” Pavia argues that this structure traps athletes into a rigid system where their earning potential is artificially constrained based solely on their entry point into collegiate athletics.

Pavia’s rise—earning the 2023 Conference USA Offensive Player of the Year at New Mexico State and now leading Vanderbilt to significant victories—demonstrates his potential both on and off the field. However, his path remains hindered by NCAA rules that limit his eligibility, and by extension, his access to the full NIL marketplace.

“If Pavia, a high school champion wrestler, had chosen to become a pro wrestler for two years after graduating high school then entered NCAA Division I college New Mexico State as a freshman in 2020, he would now be completing his third year of Division I NCAA football and would have the opportunity to earn NIL Compensation while playing Division I football for one more year. However, because he chose to work toward an associate’s degree at a junior college for two years, the NCAA’s JUCO Eligibility Limitation Bylaws (if not enjoined by this Court) will prevent him from earning NIL Compensation in his fourth year of NCAA Division I football.”

- Pavia V. NCAA

Despite his breakout success in college football, Diego Pavia’s reality reflects a difficult truth—he is not projected as a top NFL draft pick. For Pavia, maximizing his earnings through continued play in the highly visible and competitive Southeastern Conference (SEC) is critical. Per the New York Times “A blue-chip quarterback in a Power Four conference — schools like Alabama, Michigan and Washington — can expect to earn hundreds of thousands of dollars annually through name, image and likeness, or N.I.L., deals. A quarterback in the Southeastern Conference can bring in more than $1 million, on average.”

The NCAA’s “JUCO Eligibility Limitation Bylaws” threatens to strip away this opportunity for Pavia and other JUCO transfers, imposing outdated restrictions that limit his remaining years of competition. The legal filing emphasizes how Pavia’s eligibility clock was unfairly started, effectively cutting off his ability to fully capitalize on likely the highest earning potential of his career. “The JUCO Eligibility Limitation Bylaws stifle economic freedom and athlete opportunity,” Pavia’s Suit argues, pointing to an NCAA system that disadvantages athletes who do not follow traditional paths into Division I.

Pavia’s lawsuit against the NCAA challenges a system he contends is rooted in outdated, restrictive practices that disproportionately harm athletes who take nontraditional paths to collegiate competition. As a breakout star with limited prospects for a professional career, Pavia’s fight is about more than just his eligibility—it’s a battle for equitable treatment and the opportunity to capitalize on his talent and dedication fully. His case could pave the way for broader reforms, giving JUCO transfers a fairer shot at maximizing their collegiate careers and NIL potential.