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Oct 24, 2025 3:44 pm

Diego Pavia’s lawyers amending JUCO lawsuit to be class action

Diego Pavia
Photo by: Nicole Hester/ The Tennessean / USA TODAY NETWORK via Imagn Images

Vanderbilt quarterback Diego Pavia is not the only one who thinks junior college play shouldn’t count against NCAA eligibility.

The 24-year-old is able to compete for the Heisman Trophy and potentially lead the Commodores to the College Football Playoff this season thanks to a federal court injunction last year that said his two years at New Mexico Military Institute did not preclude him from playing another season at Vanderbilt.

Now, Pavia’s lawyers aim to set a new precedent nationwide by permanently changing the current rule requiring JUCO seasons to count against a player’s four years of NCAA eligibility.

Pavia’s attorney, Ryan Downton, told Front Office Sports they’re preparing to make the original lawsuit a proposed class-action suit, adding multiple players via an amended complaint, including Vanderbilt’s Tre Richardson, Louisiana Tech’s Andrew Burnette, Virginia Tech’s James Djonkam and Oklahoma State’s Iman Oates.

After Pavia’s injunction was handed down in late 2024, the NCAA granted a waiver for players to receive an additional year of eligibility if they had previously played at junior college. However, Downton noted the waiver was only for one year.

Additionally, more than 35 players have since submitted similar lawsuits around eligibility rules to varying results, and Downton said the class-action suit aims to clear up the lack of clarity currently surrounding eligibility rules.

Pavia played two years at New Mexico Military Institute before transferring to New Mexico State, but argued in federal court that the NCAA’s rules on junior college participation counting against eligibility violates antitrust law outlined by the Sherman Act.

Pavia’s representation argued that, in addition to the COVID-season waiver afforded to athletes after playing in 2020, the quarterback’s NCAA clock should not have started during his junior college time. It also claimed that Pavia stood to earn more than $1 million in NIL compensation in 2025.

The off-the-field legal issues have apparently not been a distraction for Pavia, who has led the Commodores to a top 10 ranking for the first time since 1947. Pavia has passed for 1,569 yards and added another 438 on the ground while accounting for 19 total touchdowns this season.

The Commodores (6-1, 2-1 SEC) host the No. 15 Missouri Tigers (6-1, 2-1) on Saturday.

–Field Level Media

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