Department of Justice Moves to Abolish NCAA Transfer Rule

The U.S. Department of Justice has taken a significant step toward increasing the mobility of college athletes. A proposed consent decree was filed Thursday in a West Virginia federal court that seeks to bar the NCAA from enforcing a controversial rule that requires student-athletes who transfer once to have a year off if they transfer again.

Decree, which is pending approval by U.S. District Judge John Preston Bailey of the Northern District of West Virginia, also orders that the NCAA grant an additional year of eligibility to some athletes who were previously ineligible due to transfer rules. This provision is intended to compensate those affected by this provision for the season or any part of the season in which they were unable to participate.

“Free from anticompetitive rules that unfairly restrict their mobility, Division I college athletes will now be able to choose institutions that best meet their academic, personal and professional development needs,” said Jonathan Kanter, assistant attorney general in the Justice Department’s Antitrust Division . “This resolution is a testament to the benefits of federal and state governments working together to ensure free markets and fair competition for all Americans.”

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Judge Bailey previously issued a preliminary injunction in the case, which prevented the NCAA from enforcing the transfer rule during the spring sports season. The formal agreement, if approved, will make this change permanent and mark a noticeable change in the way the NCAA regulates student-athlete transfers.

Virginia, one of ten states that joined the Justice Department in the lawsuit, has been a vocal critic of the NCAA’s policy. Attorney General Jason Miyares, who has actively challenged NCAA rules in recent years, praised the proposed executive order as a victory for student-athletes.

“The NCAA’s inconsistent and arbitrary enforcement of transfer eligibility rules constituted an illegal restriction on student-athletes’ ability to promote their talent and control their education,” Miyares said. “I am pleased that we were able to reach an agreement with the NCAA on transfer eligibility rules. This agreement not only strengthens the rights of student-athletes, but also provides them with new opportunities to reach their full potential – both on and off the field.”

Source: Governor Justice