A coalition of fifteen college athletes, among them former Dayton Flyers guard Javon Bennett and former Belmont High School center Shawn Phillips Jr., has filed a federal lawsuit challenging the NCAA's age‑based eligibility framework. The complaint contends that the association's application of its bylaws limits the number of games these players can compete in and curtails their ability to profit from name, image and likeness opportunities.
The NCAA's New Eligibility Landscape
The lawsuit arrives at a moment when the NCAA has overhauled its eligibility rules, allowing student‑athletes up to five years of eligibility if they enroll no later than the academic year after turning 19. Athletics director Josh Whitman of Illinois, who chaired the rule‑making committee, argues the change brings clarity and benefits athletes across Division I. Neil Sullivan, director of athletics at the University of Dayton, echoed that sentiment, noting the policy simplifies roster management for programs like his own.
Under the new framework, current Dayton Flyers forward Amaël L'Etang would retain eligibility through the 2028‑29 season, extending his collegiate career by an additional year. However, the rule does not apply to athletes such as Bennett and Phillips, who exhausted their eligibility during the 2025‑26 season. The plaintiffs argue that the NCAA's transitional treatment creates an uneven playing field and undermines the spirit of the reform.
Legal Strategy and Broader Implications
Attorneys Ryan Downton and Darren Heitner, representing the group of fifteen athletes, plan to file additional suits on behalf of more than 50 players in five states. Their complaint asserts that the NCAA's eligibility restrictions not only limit athletic participation but also restrain the market for name, image and likeness compensation. The case names a host of other collegiate stars, including Filip Borovicanin, Malik Messina‑Moore, MJ Collins, Kolby King, Chevalier Emery Jr., Jalen Quinn, Savannah White, Donovan Brown, Christian Henry, Ziare Wells, Cris Carroll, Caden Powell, Josh Reed, and many more.
The litigation seeks an injunction that would effectively grant a fifth year of eligibility to any athlete who completed four seasons without a redshirt, while also demanding that the NCAA cease policies that impede athletes' ability to earn income from their personal brand. If successful, the ruling could reshape scholarship calculations, roster planning and the financial landscape of college sports across the United States.