Tennessee baseball’s Alberto Osuna files complaint against NCAA

Recent Tennessee baseball transfer Alberto Osuna has filed a complaint against the NCAA in federal court as he seeks another year of eligibility, according to documents obtained by Volquest Wednesday morning.

“Osuna brings this action to enjoin the NCAA form arbitrarily enforcing certain NCAA Bylaws against him that would prohibit him from playing a fourth year of Division I baseball due to his time spent playing baseball at a two-year junior college (“JUCO”), on the grounds that enforcement of such bylaws violates Section 1 of the Sherman Antitrust Act, 15 U.S.C § 1, among other claims, and would cause substantial and irreparable harm to Osuna,” the complaint states.

The motion is for a temporary restraining order and preliminary injunction against the NCAA to ‘restrain and enjoin’ the NCAA from enforcing NCAA Bylaws 12.8 and 12.02.6 against Osuna to prevent him from playing Division I college baseball in the spring of 2025 season, based on prior participation on a junior college baseball team. The pleadings were filed Wednesday morning, February 12, in the US District Court for the Eastern District of Tennessee.

The motion claims that an absence of such injunctive relief, Osuna will suffer ‘substantial immediate and irreparable harm’ because he will be unable to compete in Division I Spring 2025 baseball season, thus resulting in a lost season and ‘meaningful name, image and likeness compensation and opportunities’ uniquely available to Division I athletes. Other such ‘sufferings’ included in the motion are the loss of resources, facilities, training, publicity and exposure provided to Division I athletes who are given a platform to showcase their talents at the highest level. It also states failed eligibility would be a loss of the opportunity to increase his MLB draft prospects.

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 this season as his Division I eligibility had expired. He spent the fall with Tampa in preparations for this spring. Instead, thanks to Vanderbilt quarterback Diego Pavia’s lawsuit where the NCAA has granted waivers to former junior college transfers, he was expected to regain eligibility due to his two years spent at Walters State Community College and decided to transfer and play for the Vols in 2025.

Two days from the start of the 2025 college baseball season, Osuna is still awaiting word from the NCAA.

“As of now, I think he’s waiting for clearance to be eligible. I don’t even know of the specific terms,” coach Tony Vitello said Tuesday morning. “The rest is logistics and lawyer stuff. I’m not a lawyer and I have no idea. I think the only difference in his case from the one that took place in the winter [Diego Pavia] is that he plays baseball and the other guy plays football.”

The documents state that the University of Tennessee submitted a waiver on February 3 to request to the NCAA on behalf of Osuna, requesting that he become eligible for a fourth year of Division I baseball. The complaint argues that Osuna’s situation mirrors that of Diego Pavia but that the blanket waiver applied to the former – and those like him – does not apply for Osuna since baseball is a spring sport and football is played in the fall.  

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.

The player entered the NCAA transfer portal on January 13. He later committed to Tennessee and arrived on campus almost two weeks ago.

“I think that was a decision based on what his ambitions are. Most kids talk pro ball or individual first, [but] if you’ve ever visited with him once the portal situation started with him, every comment seems to center as it relates to his future or his last year of eligibility seems to center around winning and team. And where his team made it,” Vitello said on Osuna wanting to come to Tennessee. “He was in North Carolina last year. Those guys took really good care of ’em. They’ve got like a family relationship coach [Scott] Forbes and him, they went to Omaha and you know, they were there trying to win a national championship like everyone else.

“So, I think all the kids’ ambitions kind of revolve around those team goals and winning and trying to be near the end where you can win the last game.”

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.