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Chris Jans calls NCAA's new transfer rule the 'wild, wild west'

Grant Grubbsby:Grant Grubbs12/14/23

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Mississippi State HC Chris Jans
Petre Thomas | USA TODAY Sports

On Wednesday, U.S. District Judge John Preston Bailey in northern West Virginia ruled against the NCAA. For 14 days, college athletes who were denied eligibility immediately after transferring a second time can return to competition. After Mississippi State’s 85-81 win over Murray State, head coach Chris Jans was hesitant to discuss the issue.

“I’ve got a lot of thoughts on it that I’m not gonna share,” Jans said. “It’s the wild, wild west. I’m not in those rooms. I understand they’re not asking me what I think, but it’s an interesting time.”

Attorneys general from seven states last week sued the NCAA in district court in the Northern District of West Virginia, seeking the TRO regarding the NCAA’s transfer waiver policy. The plaintiffs sought an injunction to enjoin the NCAA’s transfer eligibility rules, which require second-time transfers to receive a waiver from the NCAA to play immediately.

“We are asking you to put these college athletes on the field and on the court,” the plaintiffs’ legal counsel told Bailey at the hearing’s start. 

The federal lawsuit alleges that the NCAA’s second-time transfer rule violates antitrust law. The NCAA’s rule “unjustifiably restrains the ability of these college athletes to engage in the market for their labor as NCAA Division I college athletes,” the complaint states. 

Per NCAA rules, the NCAA permits underclassmen to transfer one time without having to sit out a year. If an underclassman wishes to transfer a second time, they usually need the NCAA to grant a waiver for the athlete to compete immediately. Absent an approved waiver, the athlete has to sit out a year.

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Athletes not immune to NCAA consequences

Although the players and programs who opt to take advantage of the ruling cannot be punished in the next 14 days, they are not immune to consequences. According to Yahoo Sports’ Ross Dellenger, the NCAA claims any athlete who takes advantage of the ruling will lose a season of eligibility.

NCAA president Charlie Bake spoke directly to On3 about his nuanced concerns surrounding the transfer portal.

“NCAA members adopted rules that permit student-athletes to transfer once as undergrads and be immediately eligible to compete at their new schools without any restrictions,” Baker told On3. “The current rules on subsequent transfers were also approved by membership.

“Member schools may not like the outcome of a single case – and I get that – but they should propose policy changes if they think the system doesn’t work, as opposed to waging a legal or PR fight. I am open to discussing any new policies that support student-athletes competing and getting a world-class education.”