In this episode of the FMJ Law Podcast, Nate Snyder, Erick Kriewaldt, and Adam Brown discuss the NCAA’s new five-year, age-based eligibility model, what it means for college athletes, and why the transition has become the subject of ongoing litigation.
The NCAA has adopted a new age-based eligibility model that fundamentally changes how Division I college athletes can use their eligibility. Under the new NCAA five-year eligibility rule, athletes will generally have five years to compete in five seasons once their eligibility clock begins. An athlete’s five-year eligibility period begins upon initial full-time enrollment at a college/university or at the beginning of the academic year following the athlete’s 19th birthday, whichever occurs first. The new system is intended to simplify college athletics eligibility, reduce the need for redshirts and eligibility waivers, and provide athletes and schools with more predictable rules.
However, the change does not apply equally to every athlete. Athletes who completed their fourth season of eligibility during the 2025-26 academic year generally are not automatically granted a fifth season. At the same time, schools have flexibility in applying the previous eligibility rules or the new age-based model to certain athletes who still have eligibility remaining. The transition to the new framework has already led to lawsuits around the country, including Glancey v. NCAA and Wisne v. NCAA, which raise issues about which athletes should be entitled to a fifth season of eligibility, contract issues, implied covenants, good faith and fair dealing, antitrust questions, and more.
In This Episode:
- What is the NCAA’s new five-year eligibility rule?
- How does the NCAA’s new age-based eligibility model changes the traditional “four seasons in five years” system?
- When does an NCAA athlete’s five-year eligibility clock start?
- What does the NCAA “five-for-five” rule means for college athletes?
- Why did the NCAA adopt an age-based eligibility model?
- How will the new rules affect redshirts and eligibility waivers?
- What happens to athletes who completed four seasons of eligibility during the 2025-26 academic year, and will they receive a fifth year of eligibility?
- Why have the NCAA’s transition rules have resulted in lawsuits across the country?
- The legal arguments being raised by college athletes seeking a fifth season of eligibility in cases such as Glancey v. NCAA and Wisne v. NCAA
- How does the NCAA’s treatment of COVID-era waiver recipients and other athletes factor into consideration?
- Will the litigation and potential preliminary injunctions affect athletes’ ability to practice and compete this fall?
- What should college athletes, coaches, athletic departments, and schools watch as the litigation continues?
- What could the NCAA’s new eligibility model mean for the future of college sports?
The information in this podcast is for informational purposes only. It is not intended to be legal advice, nor does it establish an attorney-client relationship. If anything, this podcast should be considered advertising for the types of service we can provide. Legal advice of any nature should be sought from legal counsel directly. Unsolicited messages to Fafinski Mark & Johnson will not be considered confidential and do not create an attorney-client relationship with FMJ or any of our attorneys, and we may not respond at all.
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