Josh Heupel's declaration comes at key time for Tennessee in NIL battle against NCAA

As attorneys general in Tennessee and Virginia gear up for a preliminary injunction hearing Tuesday with the NCAA, Josh Heupel has joined the fray.

In a seven-page declaration filed in the Eastern District of Tennessee, the Tennessee football head coach contends the current NIL environment is filled with false promises and forces athletes to make decisions that are “impossible to fix.”

This comes after Judge Clifton L. Corker denied a temporary restraining order filed by the states. In his decision, the judge wrote that the argument “failed to demonstrate, at this juncture, the requisite irreparable harm for the issuance of a TRO.”

The declaration from Heupel makes clear how he believes the current NCAA ban on NIL in recruiting causes irreparable harm.

“Only a small minority of student-athletes go on to play pro,” Heupel writes in the declaration, which was filed late Friday. “Because of the risk of injuries in college sports, an early NIL deal could be the best or only NIL deal they might ever secure. The current NIL environment is complicated for everyone involved: current student-athletes, prospective student-athletes, coaches, schools, collectives and fans. NCAA rules are vague and confusing. They frequently change and they sometimes conflict with NCAA’s prior guidance.”

Booster-funded collectives have come to define the NIL Era, making a difference in retaining and attracting talent. Tennessee and Virginia filed the lawsuit against the NCAA after the governing body launched an investigation into the Volunteers’ athletic department for multiple alleged NIL violations. According to the New York Times, the allegations center around quarterback Nico Iamaleava traveling on a private plane funded by boosters during his recruitment.

“Without the NIL-recruiting ban, UT would be even more competitive in recruiting the best athletes to come play here,” Heupel wrote in the filing. “Harms like these are impossible to fix after the fact. You only get one playing career and you cannot go back in time. These harms can drastically alter the course of an athlete’s college education and their professional career (whether as a professional athlete or in another industry).

“Many of these players don’t go on, so these four to five years are all they get. We need to put them in a position to make the right choice and make the most of their opportunities.”

All of this comes as the NCAA starts to show its teeth and govern the NIL landscape. The NCAA recently levied sanctions on Florida State and is also investigating Florida for the Jaden Rashada saga – both are cases allegedly involving recruiting infractions involving NIL collectives.

Corker noted in his decision that Tennessee and Virginia provided sufficient evidence that the NCAA’s NIL-recruiting ban harms competition and displayed the merits of their claim under the Sherman Act.

In a filing from the NCAA on Saturday, Geoff Silver of NCAA membership affairs wrote that over 100 officials and athletes from member institutions in Tennessee and Virginia have served on NCAA committees in the last 20 years.

As the two states have justified their argument and could be well-positioned to win the lawsuit, they will have to convince the judge to grant a preliminary injunction against the NCAA after losing out on the TRO.

Josh Heupel’s declaration could play a crucial role in serving as evidence of irreparable harm.