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NCAA Division II Adopts New Age-Based Eligibility Policy Following Division I Changes

The move was widely expected and was announced amidst a growing list of legal defeats suffered by the NCAA, as the eligibility controversy for the Class of 2022 intensifies.
NCAA Division II has adopted a new age-based eligibility model, mirroring Division I.
NCAA Division II has adopted a new age-based eligibility model, mirroring Division I. | USA TODAY Network via Reuters Connect

In an expected move, NCAA Division II announced on Wednesday the adoption of age-based eligibility rules that mirror legislation adopted by Division I in June, which establishes five years of eligibility.

The rule change is effective for the 2026-27 academic year and replaces the prior rule of four seasons within 10 semesters/15 quarters.

The announcement was made only days after the college sports scene was rocked by a series of federal and state court rulings that have suddenly granted eligibility for the Class of 2022, which had been previously excluded from a fifth year of eligibility by the NCAA when it announced its Division I policy on June 23.

A federal judge in Colorado issued a sweeping ruling on Friday in the case of Wisne et al v. NCAA, enabling the Class of 2022 to play a fifth year. However, the ruling did not enjoin NCAA rules pertaining to roster caps, transfer portal policies and revenue sharing limits, which severely hamper the ability of Class of 2022 student-athletes to matriculate, join their former teams or even transfer to a new school.

The NCAA is currently appealing the Colorado ruling to the 10th Circuit Court of Appeals.

Several state court rulings in Georgia, Ohio and Tennessee have gone beyond the federal ruling in Colorado, allowing plaintiffs immediate transfer freedom and waiver of rules limiting roster size for the upcoming season.

The NCAA Division II press release addressed the controversy surrounding the Class of 2022:

"As Division II has continued to determine a path forward for a Division II eligibility model, it has been clear that any rule change should apply going forward, and not retroactively to student-athletes whose eligibility has been completed prior to the adoption of the change. Student-athletes who exhausted their eligibility by 2025-26 have received the full period of eligibility permitted by NCAA bylaws and the life-changing benefits college sports provides. Giving student-athletes another season would disrupt expected roster spots and playing time ahead of the upcoming seasons and alter financial aid packages for countless student-athletes, including incoming freshmen who are beginning (or have begun) their college athletics experience.”

The NCAA is also hoping the U.S. Senate votes this week in favor of the Protect College Sports Act. If approved and signed into law, the Act would provide antitrust relief for the NCAA and would provide legal cover to regulate player compensation limits, roster spending caps and enforcement mechanisms. It would also codify limits on roster sizes and limits on the number of transfers a student-athlete can make.

The Big Ten and SEC threw their support behind the proposed legislation last week, which could sway senators to vote in favor of the bill.

Detractors of the legislation cite that it restricts athlete mobility, caps revenue sharing, suppresses the athlete NIL market and potential compensation for student athletes.

The impact on college softball in regard to Class of 2022 decisions is still unknown and will likely play out in the coming days and weeks. The only thing that appears certain is that the new Division I and II policies provide certainty for incoming freshmen and underclassmen that they will have five years of eligibility moving forward.

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Published | Modified
Thomas Carey
THOMAS CAREY

Thomas Carey was born and raised in Delaware and is a graduate of both the University of Delaware and Wilmington University. He has spent his career as a legal writer. He played competitive modified softball for ten years and has been an assistant coach for girls fastpitch since 2017. For the past several years, he served as a recruiting coordinator at the 18-and-under travel ball level.

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