MORGANTOWN — WVU men’s basketball guard RaeQuan Battle won a major decision Wednesday against the NCAA in his fight for college eligibility this season.
It also may be the beginning of a shock wave throughout the NCAA in how the organization governs transfer rules in the future for all of college athletes.
United States District Court Judge John P. Bailey granted a 14-day temporary restraining order (TRO) against the NCAA in enforcing its transfer policies.
“After hearing today’s testimony, today’s arguments and carefully reviewing the submissions filed by the parties numerous times, I am granting and issuing a temporary restraining order for 14 days,” Bailey said in his ruling from the state’s Northern District Court in Wheeling. “In joining the NCAA from enforcing the transfer eligibility rule in so far as it requires a (student-athlete) to sit out for an academic year of residence and the rule of restitution, NCAA bylaw 12.11.4.2.”
The case, known as State of Ohio, et al vs. NCAA, included seven states — West Virginia among them — and alleges the NCAA’s transfer rule for college athletes violates antitrust law.
They were also seeking a TRO against the NCAA transfer policies, granting athletes the right to compete immediately.
Where it concerns WVU and Battle, Bailey’s ruling allows the guard to play immediately, as early as Saturday’s game against UMass in Springfield, Mass., as well as games against Radford and Toledo, before a full hearing on the injunction is heard again on Dec. 27 in Wheeling.
It also denies the NCAA the right to enforce its “Restitution Rule” for two weeks, which would allow the NCAA to impose penalties on Battle and the university for playing under the restraining order.
In a broader scope, Bailey’s ruling technically allows all athletes sitting out this season due to NCAA transfer policies to compete for the next 14 days.
That includes WVU guard Noah Farrakhan, who has also been sitting out.
Battle and Farrakhan have been sitting out because they are two-time transfers who have yet to earn a college degree.
Current NCAA rules allows athletes one free transfer, but a second transfer without earning a degree requires sitting out one season, unless a waiver is granted.
WVU and Battle, who testified for nearly 40 minutes Wednesday, applied for a waiver under the NCAA’s mental-health guideline, but were denied by the NCAA on Oct. 23.
An appeal to the NCAA Committee for Legislative Relief was also denied on Nov. 21, which set the wheels in motion for the battle in federal court.
“Very pleased our state-based coalition was able to achieve a temporary restraining order against the NCAA’s transfer rule,” West Virginia Attorney General Patrick Morrisey posted on social media. “Big win for RaeQuan Battle!”
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