A Jefferson County judge is set to wade back into college football’s fifth-year eligibility mess on Monday morning, and Kentucky linebacker Alex Afari Jr. is right in the middle of it.
Jefferson Circuit Judge Brian Edwards has scheduled a special 10:45 a.m. hearing on Afari’s bid to intervene in the case and get the same temporary protection Edwards gave a group of athletes on Aug. 21. That earlier order opened the door for the plaintiffs - all members of the high school Class of 2022 - to claim a fifth season of college eligibility while their challenge to the NCAA’s new rules plays out.
Afari’s situation is not a clean match, though. He entered the NFL draft after last season, went undrafted and then took part in Green Bay Packers minicamp before trying to return to Kentucky.
The NCAA pushed back Friday with a 12-page filing that opposes his request. The association says Afari’s brief run through professional football creates eligibility questions that the original plaintiffs did not face. Even if Edwards decides Afari should benefit from the NCAA’s new five-year eligibility model, the NCAA argues he could still be blocked by separate rules tied to professional contracts, the NFL draft and participation in pro tryouts.
The NCAA also says it has not yet had a chance to review Afari’s professional experience to determine whether it fits those rules. And it wants the court to keep him out of the case altogether.
Its argument there is blunt: Jefferson County is the wrong venue for Afari, who played at Kentucky in Fayette County. The NCAA is framing his move as forum-shopping, saying he is trying to land in a courtroom that has already ruled in favor of athletes instead of taking his chances with a randomly assigned judge.
At the same time, the case is still getting bigger.
Attorneys for the existing plaintiffs have asked Edwards for permission to file a second amended complaint that would add 24 more athletes, including Louisville basketball guard Seth Trimble. According to the filing, those new plaintiffs want relief similar to what the current group is seeking, while also adding claims about NCAA actions since Edwards’ Aug. 21 order.
It is not yet clear whether Edwards could extend that Aug. 21 protection to the proposed new plaintiffs immediately on Monday. Afari’s separate request to intervene and have the temporary injunction applied specifically to him is also on the docket.
The hearing arrives after a week in which the legal fight over fifth-year eligibility has been moving in several directions at once. The NCAA has won stays in three straight appellate cases - in Ohio, Tennessee and in the federal Tenth Circuit Court of Appeals. The Tenth Circuit put a hold on a Colorado federal judge’s nationwide injunction that had temporarily given a fifth season to thousands of athletes from the Class of 2022.
But the battle has spread well beyond the NCAA.
Last week, the SEC, Big Ten, Big 12 and ACC moved to limit athletes who had entered professional sports from coming back to college competition, a response driven in part by players leaving NFL organizations and then trying to return to college. Those conference rules did not stay on the page for long.
A Dallas judge on Thursday issued a temporary restraining order blocking the NCAA, SEC and SEC commissioner Greg Sankey from using professional-status or transfer-portal restrictions to keep 41 plaintiffs from returning to college sports. Then a Louisiana judge barred the SEC from punishing schools for using players protected by court orders.
Those rulings may matter a lot in Afari’s case, since the NCAA is arguing that his NFL draft and minicamp stint could make him ineligible even if Edwards grants him the fifth-year protection.
For Kentucky, Monday could bring the next answer. But this fight has already shown how quickly those answers can change.
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