Alberto Osuna sends letter to NCAA amid ongoing eligibility battle

Tennessee transfer first baseman Alberto Osuna hasn’t yet played in a game with his new club. Instead, the former junior college player turned North Carolina slugger has been forced to watch from the dugout while his new team is off to the best start in program history.

Last Monday, a judge denied Osuna’s motion for preliminary injunction that would have granted him immediate eligibility. This comes after his temporary retraining order was first denied weeks earlier. Osuna filed an official complaint against the NCAA in federal court days before the season-opener as the organization had yet to grant him transfer eligibility.

A week later on Monday (today) Osuna, through his lawyer Chad Hatmaker, sent the NCAA a letter formally requesting they approve his transfer request so he can begin playing baseball with Tennessee.

 “I have many unanswered questions and I need your help,” Osuna writes to open the letter. “After the Blanket Waiver and conversations with you, I uprooted by life and moved to another city with the expectation that I could continue to play the game that I love. It was an amazing opportunity to have the chance to come play for Coach Vitello and the defending national champions. But I also came here for the NIL potential that didn’t exist at Tampa and to be able to help my family and I financially.”

Tennessee fans showing support for Alberto Osuna. pic.twitter.com/4fNqKeTZUB

— Eric Cain (@_Cainer) March 8, 2025

A big piece of the note details the lack of cooperation and communication from the NCAA once Osuna officially transferred to Tennessee. The slugger needed to first transfer – which he did in late January – and then the university (Tennessee) had to file for an eligibility waiver to begin the process. It did so in the first few days of February. As of two days prior to the season-opener on February 12, the NCAA had yet to assign a case manager to Osuna.

“When I called several times at the beginning of January and asked about my Division I eligibility, I told you my entire playing history – 2 years at Walters State with one cancelled due to COVID. 3 at UNC and that I was currently at Tampa, on the team but no games against outside competition,” Osuna continued. “You told me to file a waiver. Of course, you knew that no student-athlete can file a waiver individually. A D1 institution must file the waiver. You knew that for me to file a waiver, I had to enter the transfer portal, commit to a D1 school and leave Tampa. And after I did all of that, as you instructed me to do, you have opposed my request for a waiver.”  

Osuna, who spent three seasons at North Carolina and was a part of the Tar Heel College World Series squad in 2024, was set to play for Division II power Tampa in 2025 as his Division I eligibility had expired. Due to different eligibility rules set forth by each Boards of Governors between the three classifications of the NCAA, Osuna was allowed to play Division II baseball in 2025 but not Division I.   

He spent the fall with Tampa in preparations for this spring. Thanks to Vanderbilt quarterback Diego Pavia’s lawsuit where the NCAA has granted injunction to former junior college football transfers, he – and those in his situation – was expected to regain eligibility and decided to transfer and play for the Vols in 2025.

“Alberto is extremely disappointed with the decision. We are weighing our options before deciding on our next steps,” Alberto Osuna’s lawyer Chad Hatmaker told Volquest on last Monday following the preliminary injunction denial.

Clearly, Osuna’s letter to the NCAA was one option the camp has exercised. Hatmaker can also appeal the judge’s ruling or motion for reconsideration (within 28 days) on behalf of Osuna.

In Charles E. Atchley Jr.’s opinion, where he denied Osuna or preliminary injunction, the judge stated that the court is ‘sympathetic to Plaintiff’s (Osuna) position.’ He also wrote that ‘for an organization that professes to prioritize the well-being of its student-athletes, the NCAA’s conduct has in many ways been questionable at best and self-interested at worst.’     

“The NCAA makes over a billion dollars annually off the backs of student athletes! It claims that it is there to protect and serve the student-athletes and to act in a manner that is ‘fair and inclusive’ for us,” the statement reads. “How is denying me the opportunity to play in my final season fair and inclusive?”

As Osuna continues to fight for his eligibility, he remains with Tennessee baseball as a member of the program. He was even coaching some first base in one of the midweek games last week. Despite the preliminary injunction denial last week, the case is still ongoing with several damage claims.  

About Osuna: The Baseball Player

The first baseman and designated hitter spent two seasons at nearby Walters Sate Community College in 2020 and 2021 before transferring up to Division I North Carolina.

Osuna played in 63 games with 61 starts in 2022, slugging 20 home runs and 57 runs batted in with 86 strikeouts and 27 walks while registering a .265 batting average. The 6-foot-1, 245-pound athlete hit for a .223 average across 52 games (48 starts) with 11 home runs and 27 RBI in 2023. This past season for North Carlina, Osuna recorded a .259 average across 62 games (62 starts) with 14 home runs and 56 RBI for a College World Series program.

While at Walters State, Osuna was named the 2021 NJCAA D1 Player of the Year, a first team All-American and the Tennessee Community College Athletic Association Player of the Year while batting .459 with 25 home runs and 107 RBI (led the country) in 68 games. Prior to Walters State, Osuna attended Mauldin High School in South Carolina where he was an All-State player.