A new eligibility lawsuit against the NCAA could give thousands more players a fifth year of eligibility—this time from Divisions II and III.
This week, Division III men’s basketball player Benjamin Pearce filed a federal proposed class action lawsuit arguing that Division II and Division III athletes from the freshmen class of 2022, who had previously completed four years of eligibility, should be granted a fifth year.
The case, filed in the Southern District of California, asks for an injunction that not only prevents the NCAA from implementing its restrictions on the class of 2022 in D-II and D-III, but also prevents it from enforcing roster limits and revenue-sharing caps from the House v. NCAA settlement as a way to keep these players from landing roster spots.
If Pearce is successful, the ruling could apply to all lower-division athletes from this group across the country.
“Plaintiff Pearce, like the rest of the Class, is now in limbo,” the complaint reads. “He properly entered the Transfer Portal; he garnered interest from Division I schools; he was extended invitations of interest to play a fifth year at Division I schools; and the NCAA, without reason or justification, pulled the rug out from under him (and others).”







