Brenen Lorient, Javan Buchanan Take Legal Action for Fifth Year of Eligibility

A pair of West Virginia forwards have filed a lawsuit.

Imagn Images, WVU Athletics Communications

West Virginia men's basketball forwards Brenen Lorient and Javan Buchanan have filed a lawsuit against the NCAA in the U.S. District Court, Northern District of West Virginia, seeking a fifth year of eligibility.

According to the court document, “The Plaintiffs, by counsel, bring this action and seek temporary, preliminary, permanent, and declaratory relief prohibiting Defendant National Collegiate Athletic Association (“NCAA”) from enforcing arbitrary and capricious decisions, breaching its contracts with its member institutions, and preventing them from participating in college sports.”

Last Friday, U.S. District Judge Charlotte Sweeney granted a class-wide preliminary injunction for members of the 2022 class, giving them a fifth year of eligibility. The NCAA made a change to its eligibility rules earlier this summer, which will give everyone a five-year window to play five seasons, with the exception of those who graduated in 2026. Why they didn't allow that group to have it as well is beyond me.

So why file?

West Virginia University forward Brenen Lorient | Christopher Hall - West Virginia on SI

While Judge Sweeney's ruling gives players like Lorient and Buchanan eligibility, it could be overturned. The NCAA is appealing the ruling, which will be decided by the Tenth Circuit. If that decision is overturned, Lorient and Buchanan could still be covered if they win their case.

Last week, when WVU head coach Ross Hodge met with the media, he gave his thoughts on the situation, expressing some level of optimism.

“Obviously, you’re paying attention to other cases that are similar in nature to his; you’re following trends, and like you’re reading the tea leaves a little bit. There has been a precedent set, and it’s been fairly consistent on certain cases if you’re looking at them. It feels like they have been more lenient if you’re in that true fifth year window where you’re not trying to get the sixth or seventh. You feel like you like your chances in that situation if you’re trying to just get what was given to either previous classes or future classes. I think where it gets a little dicey is if you start trying to get a sixth year, a seventh year, regardless of the scenario. If you’re looking at the case in Ohio, if you’re looking at some of the other cases with some football players, if it’s just been trying to recoup a junior college year or a NAIA year…or in the Ohio player cases, if it’s just flat out trying to get that fifth year back, those have been more successful.”