Full Breakdown
Ohio Governor Issues Executive Order Granting Fifth-Year Eligibility to 2022 Class Athletes
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Core Event
On October 13, 2026, Ohio Governor Mike DeWine signed an executive order that bars any public or private college or university in the state from enforcing NCAA eligibility rules that would prevent athletes who graduated high school in 2022 from competing in the 2026-27 academic year. The order applies only to athletes who are within five years of their 19th birthday, within five years of enrolling in college, were academically eligible at the end of their last season, and have not played professionally.
Background & Context
The NCAA’s new guidance excludes athletes who have completed four seasons of competition, ending the collegiate careers of the 2022 class for 2026-27. Lawsuits across the country argue the rule unfairly denies those athletes NIL opportunities and revenue sharing. A lower-court decision in *Wisne v. NCAA* initially granted a nationwide fifth-year eligibility injunction for the 2022 class, but the ruling was stayed by the U.S. 10th Circuit Court of Appeals. State courts in Louisiana, Kentucky, Ohio, and Arizona have issued varying orders on the issue.
Data & Statistics
- The executive order targets the Class of 2022—approximately 1,200 Division I athletes nationwide; Ohio’s share is not specified.
- Eligibility requires athletes to be <= 5 years from their 19th birthday and <= 5 years from college enrollment as of the start of the 2026-27 season.
- The order does not apply to athletes who have played professionally in the NFL, NBA, or WNBA.
Official Statements & Responses
Governor DeWine framed the order as a fairness measure, emphasizing that Ohio student-athletes should enjoy the same opportunities as peers in other states. Lt. Gov. Jim Tressel echoed the sentiment, warning against depriving current athletes of comparable chances. The NCAA urged Congress to pass the Protect College Sports Act (PCSA), which would establish federal guardrails on eligibility disputes.
Criticism & Opposition
NCAA President Charlie Baker argues the order undermines the NCAA’s private governance structure and could set a precedent for states to override national athletic regulations.
On-the-Ground Reports
The order immediately affected Ohio athletes. University of Cincinnati guard MJ Collins and Xavier forward Filip Borovicanin—both members of the 2022 class—have been cleared to return to competition, pending ongoing appeals. Collins, who averaged 17.5 points per game at Utah State, participated in exhibition games in the Bahamas earlier in the summer. Borovicanin, a former Xavier starter with 10.8 points per game, also resumed practice with his team.
Conflicting Reports & Gaps
- Federal courts have issued divergent rulings: the 10th Circuit stayed the nationwide injunction, while state courts in Louisiana and Kentucky granted temporary eligibility. Ohio’s appellate court sided with the NCAA, keeping the athletes ineligible, prompting an appeal to the Ohio Supreme Court.
- The enforceability of DeWine’s order remains uncertain and could be challenged in future litigation. No definitive timeline has been provided for resolution.
Verbatim Quotes
- “When the rules change, fairness has to remain part of the equation,” — Ohio Gov. Mike DeWine
- “One elected official seeking to make their own rules for their own schools’ advantage is a terrible way to run athletic competitions,” — Charlie Baker, NCAA president
What’s Next
The Protect College Sports Act, which passed the U.S. Senate, awaits House approval. Both sides in the federal eligibility case have asked the 10th Circuit to delay its decision until congressional action is clear. Additional states may consider similar executive orders, potentially expanding the legal battle over NCAA eligibility nationwide.