Tennessee QB Joey Aguilar gets a temporary restraining order in his bid to keep playing for the Vols
KNOXVILLE, Tenn. (AP) — Tennessee quarterback Joey Aguilar has been granted a temporary restraining order in his lawsuit against the NCAA as he seeks an extra year of eligibility enabling him to continue playing for the Volunteers this fall.
The ruling was granted Wednesday after Aguilar filed suit last week in Knox County Chancery Court in Tennessee arguing that he should be allowed a fourth year of playing Division I football rather than having the years he spent in junior college count against his eligibility.
This restraining order remains in effect for 15 days as Aguilar awaits an injunction hearing on his case.
Chancellor Christopher D. Heagerty’s ruling stated that Aguilar “has demonstrated a substantial likelihood of success on the merits of his claim.” The ruling applies only to Aguilar.
Aguilar played at Diablo Valley (California) Community College from 2021-22 before transferring to Appalachian State, where he spent the 2023 and 2024 seasons. Aguilar then transferred to Tennessee and completed 67.3% of his passes for 3,565 yards with 24 touchdowns and 10 interceptions this past season.
He also redshirted at City College of San Francisco in 2019 before the 2020 season was canceled because of the coronavirus pandemic.
Aguilar had removed himself from the list of plaintiffs in a federal lawsuit that Vanderbilt quarterback Diego Pavia filed in federal court. Pavia’s lawsuit challenged an NCAA rule that counts seasons spent at junior colleges against players’ eligibility for Division I football.
Pavia initially sued the NCAA in November 2024 and won a preliminary injunction that allowed him to play for Vanderbilt in 2025. He finished second in the Heisman Trophy balloting.
The NCAA appealed the Pavia ruling but issued a blanket waiver that granted an extra year of eligibility to former junior college players whose situations were similar to the Vanderbilt quarterback.
Although Pavia now plans to enter the NFL draft, he continued his lawsuit to assist other former junior college players. Aguilar’s complaint notes that a ruling on the Pavia case won’t come until at least Feb. 10, which put him in a “untenable position” because he needed to know soon whether he’d be eligible to play college football this fall.
“This outcome — after the plaintiff withdrew from a federal lawsuit and separately filed a lawsuit in state court with the exact same facts — illustrates the impossible situation created by differing court decisions that serve to undermine rules agreed to by the same NCAA members who later challenge them in court,” the NCAA said in a statement responding to Wednesday’s ruling. “We will continue to defend the NCAA’s eligibility rules against repeated attempts to rob high school students of the opportunity to compete in college and experience the life-changing opportunities only college sports can create.
“The NCAA and its member schools are making changes to deliver more benefits to student-athletes, but the patchwork of state laws and inconsistent, conflicting court decisions make partnering with Congress essential to provide stability for all college athletes.”
Heagerty’s ruling referenced “the time-sensitive nature” of Aguilar’s case.
“Each day that passes leaves Aguilar unable to prepare and jeopardizes major career opportunities, lost time and opportunities that cannot be fully calculated or remedied with money damages,” Heagerty wrote in his ruling.
___
Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here and here (AP News mobile app). AP college football: https://apnews.com/hub/ap-top-25-college-football-poll and https://apnews.com/hub/college-football