Marshall Athletes Sue NCAA Over Eligibility Rule They Say Excludes Their Class Alone

HUNTINGTON, W.Va. — Twelve Marshall University student-athletes have sued the NCAA, alleging the organization is unfairly denying their graduating class a fifth season of competition that it is granting to nearly every other class of college athletes.

The athletes — who compete in football, baseball, soccer, basketball, tennis, softball and cross country — filed the complaint July 6 in Cabell Circuit Court. All 12 graduated high school in 2022 and have used four seasons of eligibility without a redshirt.

On June 23, the NCAA overhauled its eligibility rules for Division I athletes, expanding the standard eligibility window from four seasons of competition to five. But according to the complaint, the NCAA carved out an exception excluding athletes from the 2022 high school graduating class — the same athletes who, for years, competed against older rivals who received extra eligibility under a COVID-19 pandemic waiver.

The suit also targets a separate NCAA policy change allowing former professional basketball players to return to college and compete without losing eligibility for time spent playing professionally — an accommodation the Marshall athletes say they were denied for far less significant paid competition.

The plaintiffs argue the NCAA's shifting rules breach an implied covenant of good faith and fair dealing under West Virginia contract law, and separately violate the state's consumer protection statute by misrepresenting the consistency of its amateurism and eligibility policies. They are seeking declaratory judgment and immediate injunctive relief, since Marshall's rosters for the 2026-27 season are being finalized and roster spots contingent on eligibility rulings could otherwise be filled by other athletes before the case is resolved.

Attorney Steve New, who represents the athletes along with Dusty Gwinn, said he looks forward to the court hearing their case.

The Marshall suit follows a similar action filed last month by 15 basketball players in Ohio, which the NCAA has said would "create chaos" in college athletics if the plaintiffs prevail. The case has been assigned to Circuit Judge Sean K. Hammers.

The case is Meredith Maier v. National Collegiate Athletic Association, Cabell Circuit Court case number CC-06-2026-C-315. Case docket: https://trellis.law/case/54011/cc-06-2026-c-315/meredith-maier-v-national-collegiate-athletic-association