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Hundreds of NCAA athletes could receive a fifth year of eligibility. Here's how it might affect UNM
A federal judge granted a class-wide preliminary injunction Friday requiring the NCAA to make eligible athletes who graduated high school in 2022 and exhausted their four years of eligibility this spring.Issued by Judge Charlotte Sweeney in the U.S. District Court of Colorado, the order follows multiple NCAA losses in state courts after athletes challenged the application of an age-based eligibility policy the organization adopted in June.Colloquially known as the five-for-five rule, the change allows athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first. The new policy eliminates redshirts, giving athletes the chance to play the maximum number of games in any of their eligible seasons without penalty.But while the five-for-five rule has received support from coaches, the NCAA has recently been subject to legal challenges over its application of the policy. Notably, athletes who graduated high school in 2022 and exhausted their eligibility this year were not allotted fifth years, with the NCAA claiming their presence could destabilize rosters.Dozens of class of 2022 athletes have since been granted injunctive relief in state courts, allowing players such as former New Mexico forward Filip Borovicanin to return for a fifth year. Sweeneys class-wide injunction took it a step forward, opening the door for hundreds perhaps thousands of athletes to return for a fifth year across all NCAA-sanctioned sports.Plaintiffs have met their burden at every step They will suffer irreparable harm without issuance of an injunction, Sweeney wrote in a 50-page order filed Friday as part of Wisne v. NCAA. And the balance of equities, as well as the public interest, favor them. They are entitled to the injunctive relief they seek.This is far from a done deal, however: The NCAA is expected to seek an appellate review, likely through the 10th U.S. Circuit Court of Appeals. If Sweeneys order stands, it remains to be seen if players who signed with professional organizations after their eligibility was initially exhausted could return.At least for now, a few former Lobos might get another year.In football, defensive end Brett Karhu, safety David Murphy, kicker Luke Drzewiecki and safety Azariah Levells would all receive fifth years so long as the order survived appeals. Karhu is the only member of the group to sue the NCAA for a fifth year of eligibility, filing an initial complaint and a motion for injunctive relief this month.If Karhu (7.5 sacks last season) were to return, he would provide an immediate boost to a Lobo defensive line in need of proven production off the edge. The complaint on his behalf noted that he would have a roster spot and a scholarship to play at UNM this season if he were eligible.Speaking at Mountain West media days earlier this month, UNM head coach Jason Eck said a player might be cut to accommodate Karhu's return. FBS football teams are subject to a 105-player roster cap as a stipulation of the House v. NCAA settlement, complicating the matter of where some players could return for a fifth year.Its tough because those are long shots, Eck said on July 16. We cant hold the spot for him, so that would be something where, if a guy like that all of a sudden got eligibility, we may have to cut somebody to get him. And I dont think theres a great chance.But I didnt expect James Laubstein (a UNM quarterback who received an extra year of eligibility this spring via an NCAA waiver) back either. We got him back, so never say never, you know?In December, Murphy and Levells were listed as plaintiffs in an extension of a case that previously granted Diego Pavia an extra season of eligibility; that lawsuit is scheduled to go to trial in February. Drzewiecki has not been connected to any legal efforts for a fifth year of eligibility.In mens basketball, former Lobo guard Donovan Dent also stands to receive a fifth year via Sweeneys order. After announcing that he would not pursue any professional opportunities in May, the former Mountain West Player of the Year was expected to be listed as a party in a lawsuit challenging the application of the five-for-five rule.Dent plans to enter the transfer portal with a do not contact tag, On3s Joe Tipton reported Friday night.Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at @lenaweereider.
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