Ohio Governor signs order allowing 2022 class athletes fifth season

Ohio Gov. Mike DeWine signed an executive order on Tuesday permitting state colleges and universities to permit athletes who graduated high school in 2022 to compete for a fifth season, directly challenging a new NCAA eligibility rule that excludes them. The move creates a conflict between state authority and the national governing body, which maintains that players who have already completed four seasons are ineligible for additional play.

DeWine, a Republican, stated that fairness must remain part of the equation when rules change, arguing that Ohio student-athletes deserve the same opportunities as peers in other states. Under the order, institutions in the state may allow eligible athletes to compete despite the NCAA's position on the four-season limit. Ryan Downtown, an attorney representing a group of athletes in a pending eligibility case in Ohio, told OutKick that he was thankful for the governor's action to ensure equitable treatment. Downtown expressed hope that the NCAA would stop its efforts to deny the 2022 class a fifth year, or that other governors would follow suit.

The NCAA pushed back immediately against the executive order. In a memo to member schools obtained by OutKick, NCAA President Charlie Baker asserted that DeWine "cannot legislate NCAA eligibility rules." Baker criticized the action as an elected official attempting to create rules for their own schools' advantage, calling it a poor method for running athletic competitions. He urged Congress to pass the Protect College Sports Act, a bill designed to establish guardrails for athlete compensation and legal challenges, stating that the legislation is needed as soon as possible.

Baker noted that NCAA members voted unanimously to implement the age-based eligibility change and cited a recent decision by the Ohio Court of Appeals that agreed with the NCAA. He pointed out that multiple appellate courts have recognized the importance of consistently applying eligibility rules to avoid disruption caused by varying standards across institutions and states. The NCAA stated it would protect the interests of all member institutions and student-athletes.

There was no immediate response from Ohio's eight Division I programs, including Ohio State University, the University of Cincinnati, and six Mid-American Conference schools. The executive order draws comparisons to California's earlier decision to allow name, image and likeness compensation via state law, which other states later adopted, effectively forcing the NCAA to permit NIL payments.

The legal landscape remains active with multiple challenges to the eligibility rule across the country. Plaintiffs argue the rule is unfair to the 2022 class and deprives them of revenue-sharing opportunities under the House settlement. On the same day as DeWine's order, the case Wisne v. NCAA saw developments regarding how players would establish economic harm. A lower-court judge had initially granted a fifth year of eligibility for 2022 graduates, but an appeals court blocked that ruling. A three-judge panel of the U.S. 10th Circuit Court of Appeals in Denver has not immediately ruled after questioning plaintiff attorney Robert Shelquist about defining the market for the players, a benchmark key to winning an antitrust lawsuit.

If the judges rule in favor of the NCAA, it could set an important precedent without ending all legal wrangling. Following appeals court blocks on initial rulings, cases in state courts have continued, including one in Louisiana that led LSU to investigate bringing on two football players with recent NFL training camp experience. The NCAA has recently won cases in Kentucky, Ohio, and Arizona. With the new Ohio executive order, further litigation could emerge.