Tennessee’s hopes of adding Jalen Washington as a fifth-year piece took a hit on Aug. 26, when the Court of Appeals of Tennessee stayed the temporary injunction that had cleared the way for him to play.
For now, that leaves Washington ineligible, even though the larger lawsuit is still alive.
The court’s order said, "After considering all the relevant factors and, in particular, the NCAA's likelihood of success on the merits based on the legal issues presented, we conclude the trial court's August 19, 2026 order denying a stay pending appeal constitutes an abuse of discretion,"
Washington is one of 17 college basketball players suing the NCAA over its “5 in 5” eligibility rule. A federal court in Tennessee ruled on July 31 that Washington and the other players would suffer "immediate and irreparable harm" if they were blocked from getting a fifth year, which opened the door for him to join Tennessee’s roster on Aug. 3.
That mattered for the Vols. Tennessee has a talented backcourt, but the frontcourt is thin, and Washington was viewed as a major addition.
The 6-foot-4, 245-pound center transferred to Vanderbilt for the 2025-26 season and posted career bests in scoring (8.9 points per game), rebounding (5.6) and blocks (1.3) while shooting 61.8% on 2-point attempts. If he ends up eligible, he would be Tennessee’s best post player.
The NCAA responded to the ruling through chief legal officer Scott Bearby, who said on Aug. 26, "We are encouraged that each of the three appellate courts to consider these injunctions has recognized the strength of the the NCAA's legal arguments and the significant harm caused when ineligible student-athletes are permitted to compete," he said. "The decisions reaffirm the importance of preserving a level playing field for the thousands of student athletes and member schools across Division I that are competing under the membership's rules."
"The NCAA stands by the membership's eligibility rules and will continue to vigorously defend those decisions in courts across the country," he added.
Washington still has a path to winning the case, but the clock is ticking. Tennessee’s first preseason exhibition is set for Oct. 15, followed by the regular-season opener on Nov. 2.
His challenge targets the NCAA’s so-called “five-for-five” rule, which permits athletes to compete in as many as five seasons over a five-year span starting at their 19th birthday or college enrollment, whichever comes first.
The NCAA has already won similar appeals in Ohio and Colorado, where courts had issued temporary injunctions for athletes from the class of 2022 who had already played four seasons in four years. Those stays have left players and schools waiting for the cases to be sorted out.
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