UPDATED: This story was updated at 7:00 p.m. CST to include information from a press release issued by Downton.
UPDATED: This story was updated on Dec. 24 to reflect the changes implemented by the NCAA following the preliminary injunction.
U.S. District Judge William Campbell ordered a preliminary injunction for starting quarterback Diego Pavia on Dec. 18, granting him an additional year of eligibility to play NCAA football without penalty. Pavia sued the NCAA on Nov. 8 for another year of eligibility under federal antitrust law, and Campbell’s ruling agreed with the anticompetitive effects.
The SEC Newcomer of the Year‘s injunction is the second of three items in his lawsuit. The first, Pavia’s temporary restraining order, was denied. However, Campbell took the injunction under advisement on Dec. 5. Throughout the lawsuit, Pavia was represented by Ryan Downton (B.S. ‘98, MBA ‘99) and Salvador Hernandez (J.D. ‘99).
According to Campbell’s order — accessed by The Hustler via online court records — NCAA Bylaw 12.02.06, which defines player eligibility, cannot be used to keep Pavia from playing NCAA football in 2025. The ruling also shields Pavia and his future school from penalties under the Rule of Restriction (Bylaw 12.11.4.2). The rule would allow the NCAA to punish Pavia’s school if the ruling is overturned after the case or on appeal.
Pavia had asked for the decision before the transfer portal opened on Dec. 9, giving him time to finalize NIL deals with Vanderbilt’s collective, Anchor Impact. Per a press release from Downton, Pavia is “thankful” to the court for the quick turnaround.
In court documents and through representation, Pavia has indicated a desire to stay at Vanderbilt with his additional year of eligibility. Per his original lawsuit, he expects to make over one million dollars in NIL deals next season. Downton answered the question of who Pavia will play for in the release.
“While the Court’s ruling does not restrict where Diego can play next season, he loves Vanderbilt and Coach Lea,” Downton said in the release. “So long as he receives an appropriate NIL package, I expect to see him in the black and gold for as long as he has eligibility remaining and Jerry Kill and Tim Beck are coaching in Nashville.”
The quarterback reacted to the ruling on X.
“My lawyers are legit. Ryan and Sal, I appreciate y’all! God is good all the time,” Pavia wrote.
Downton also shared his thoughts on the greater context of the case.
“The NCAA has not yet adjusted to the NIL era and continues to impose unfair restrictions on college athletes. The Court’s ruling is another step in leveling the playing field to allow college athletes to share in the billions of dollars earned due to their labor,” Downton wrote. “While the ruling is limited to Pavia, we believe it may open the door for other former junior college players to obtain an additional year of eligibility without filing a lawsuit.”
In his press availability on Dec. 17, Pavia shared he expected a result within the week but was preparing for Vanderbilt’s bowl matchup against Georgia Tech as if it was his last college game.
“I should get another year [of eligibility], but if I don’t, this [game] will be one to remember,” Pavia said.
Clark Lea said he felt “positively” about Pavia’s case during his press conference the same day. The head coach was prepared for the result to go either way but thought Pavia had a strong case.
“We want to have Diego here. We want him to be a part of this; he wants to be a part of this,” Lea said. “There will be a huge celebration the day we get that final thumbs up.”
Response from the NCAA
The NCAA released a memo on Dec. 23 that granted an additional year of eligibility to all players in Pavia’s situation. (Specifically, athletes “who attended and competed at a non-NCAA school for one or more years to remain eligible and compete in 2025-26 if those student-athletes would have otherwise used their final season of competition during the 2024-25 academic year.”) Because Campbell’s injunction only applied to Pavia, the move from the NCAA should quell other lawsuits similar to that of the star quarterback.
The waiver also presents an opportunity for offensive lineman Steve Hubbard, as he will get an additional year. The graduate was a key piece in the trenches this season, and if he chooses to stay, will represent needed continuity for the line going into the next season.
Lea was excited at the eligibility news in the press conference ahead of the Birmingham Bowl.
“I think college football is better with guys like Diego playing as long as they can possibly play,” Lea said.
Despite the waiver, the NCAA appealed Pavia’s case to the 6th U.S. Circuit Court of Appeals, which is based in Cincinnati.