NCAA sues Ohio Gov. Mike DeWine over fifth-year eligibility order

The NCAA sued Ohio Gov. Mike DeWine in federal court on October 16, 2026, challenging an order that gives Ohio colleges the option to let some athletes from the 2022 high-school class play a fifth year. The case could determine whether those schools may use the order to depart from the NCAA's eligibility rules.

Filed in the U.S. District Court for the Southern District of Ohio, the lawsuit seeks a declaration that the order is unlawful and an injunction preventing its enforcement. NCAA president Charlie Baker said the action was taken at the direction of the organization's Board of Governors and Division I Board of Directors.

Why the NCAA is challenging Ohio's order

Baker called for a national response as well. He urged NCAA members to ask their representatives in Congress to pass the bipartisan Protect College Sports Act, saying athletes should be able to play under the same rules as their opponents.

Which athletes the Ohio order covers

DeWine signed the order on October 13. According to the Associated Press, it gives the state's colleges and universities the option to allow athletes who graduated from high school in 2022 to compete in 2026-27 despite the NCAA's eligibility rule. DeWine said in a statement: ‘When the rules change, fairness has to remain part of the equation.’

Front Office Sports reported that athletes covered by the order must be 24 or younger, academically eligible and without a professional contract. The outlet said the NCAA's newer age-based policy gives athletes five years to complete up to five seasons, with the clock starting on their 19th birthday or when they begin college, whichever comes first.

The order followed other court challenges to that policy. The Associated Press reported that a lower-court judge initially granted athletes from the 2022 high-school class a fifth year in a separate case, but an appeals court blocked that ruling. Ohio's order and the NCAA's new lawsuit leave the practical eligibility question contested for programs considering those athletes.

Front Office Sports reported that representatives for DeWine and Ohio Attorney General Andy Wilson had not immediately responded to its requests for comment on the lawsuit. The immediate effect of the executive order on Ohio programs was also unclear.