Ohio takes lead on suing NCAA over student-athlete transfers

Ohio will take the lead on a multi-state lawsuit in federal court that challenges the NCAA's transfer eligibility rule for student-athletes as an illegal restraint on their ability to market their labor and control their education.

The rule requires those transferring among Division 1 schools to sit out a year before playing in games, unless the NCAA gives a waiver. Since 2021, the NCAA has been automatically exempting first-time transfers but continues to enforce the rule for athletes seeking subsequent transfers.

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“The rule is riddled with so many exceptions that the NCAA cannot plausibly substantiate its prior justifications,” Ohio Attorney General Dave Yost said in a written statement. “We're challenging it in order to restore fairness, competition and the autonomy of college athletes in their educational pursuits.”

Joining Ohio in the lawsuit are Colorado, Illinois, New York, North Carolina, Tennessee and West Virginia. The lawsuit, which is filed in federal court in West Virginia, seeks a court order blocking the NCAA from enforcing its rule.

"Make 'em stop, Judge," Yost said in an online press conference Thursday in Columbus. He added that he hopes to have a preliminary ruling in a matter of days, not weeks.

Those who transfer multiple times must get approval from the NCAA. That was the case for University of Cincinnati's new basketball player, 7-foot center Aziz Bandaogo, who fought to get approval. University of Cincinnati is awaiting word from the NCAA on another player who wants to transfer to the Bearcats, 6-11 Jamille Reynolds.

Yost said when it comes to granting waivers, "the decisions seem to be all over the board, seem to be arbitrary."

"I can't tell you how many kids are affected by this but we know that the portal has been very popular among college athletes and there's been a lot of discussion, a lot of people have tried to use it," Yost said. "We also know that a high number have been denied a waiver on a second use."

Yost said he anticipates the popularity of the portal will continue to grow.

Ohio State University football quarterback Kyle McCord announced following the Buckeyes' loss to the University of Michigan that he would enter the transfer portal.

The portal windows open at specific times during the year. For example, the 30-day window for college football players is now open and it'll reopen for two weeks in April.

Morningstar Law Group represented Bandaogo in his successful appeal. Morningstar's Swain Wood applauded the action by the state attorneys general and said “We believe the NCAA should suspend its illegal restrictions on student-athletes. If they don’t, we’re hopeful the court will require them to.”

Cincinnati Enquirer sports reporter Scott Springer contributed to this report.

Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Ohio sues NCAA over student-athlete transfer rules