Diego Pavia vs NCAA: 3 Legal Views about this Case

Beau Elite is a Sports Law firm in Sacramento California guided by Bryan Pritchard, Solina Sanchez and Gary Alvarez analyze the Pavia Case.  Currently, the Diego Pavia v. NCAA case is at the forefront of Sports Law headlines as it calls into question whether an athlete’s time at a Junior College should apply when transferring to the University Level. Beau Sports Law analyzes three different perspectives in the ongoing Pavia case and the repercussions they would create for Junior college football athletes. The arguments are as follows:

1. Diego Pavia: The JUCO rule violates the Sherman Anti-Trust Act by restraining competition among athletes and schools. The JUCO rule should not apply because it is in the student’s best interest to maintain the status quo for eligibility as it allows players to maintain longevity in their athletic career. Not allowing the JUCO years to apply would adversely affect low income or first-generation students to transition into the NFL, which secures benefits like NIL revenue at the professional level. More time allows student athletes to train longer and gain an advantage when transferring into the university level, securing victories for their team, school and for the possibility of a professional career later down the line. 
2. School:  The eligibility rule restricts economic opportunity in the college athletics marketplace by limiting student athletes’ ability to participate and earn NIL money. College sports are currently a real economic market because of athlete’s early exposure along with Name, Image and Likeness opportunities. To not count JUCO years falls squarely within the principles of the Sherman Act which protects fair trade by regulating unfair and unreasonable business practices. As it stands currently, the JUCO rule is overly broad and does not serve a clear competitive purpose.
3. NCAA: Eligibility limits are necessary to keep college sports fair and balanced, not to control the labor market. Eligibility caps prevent older players from dominating college rosters and creating an unfair advantage over younger athletes. JUCO seasons still provide a real competitive experience for student athletes allowing room for their physical and professional development. The Sherman Act isn’t a business restriction; it is a rule that regulates how the sport functions at the collegiate level.