NEWS: 10th Circuit Court of Appeals Grants Stay to NCAA, Temporarily Pauses Preliminary Injunction For Class of 2022 Athletes

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On Friday, the United States 10th Circuit Court of Appeals granted the NCAA a "stay" which temporarily pauses a preliminary injunction from roughly a month ago.

It should be noted that the "stay" does not apply to athletes who have successfully earned restraining orders for a fifth year of eligibility in state-level courts (of which there are few).

What Has Happened

On July 31st, Judge Charlotte Sweeney temporarily ruled (via preliminary injunction) that college student-athletes who began Division One competition at the start of the 2022-23 academic calendar year could receive a fifth year of eligibility within the NCAA.

That preliminary injunction stemmed from an eligibility-based rule change that was announced by the NCAA in late June. Known as the "five-for-five" rule, the NCAA did not grant a fifth year of eligibility to seniors who originally expired their athletic eligibility at the conclusion of the 2025-26 academic calendar year.

However, since then, the 10th Circuit Court of Appeals has granted the NCAA a "stay," which temporarily pauses Charlotte Sweeney's preliminary injunction while the NCAA's appeal process continues. It does not necessarily overturn or reverse Sweeney's ruling.

In response to the "stay," the NCAA's Chief Legal Officer, Scott Bearby, explained the following in a memo to member institutions...

What This Means

Despite the NCAA's strong language in their latest memo, the "stay" simply puts a temporary pause on a specific cohort of veteran athletes immediately receiving a fifth year of eligibility that they would not have been granted before the preliminary injunction.

It remains possible that the NCAA's appeal, which is expected to be expedited, could fail upon being fully processed and the athletes in question will get an extra year of eligibility, regardless. Previous speculation from coaches who The Stride Report spoke to last month was that the appeal would fail and the preliminary injunction would ultimately hold.

It remains unclear whether or not the NCAA will be successful in their appeal.

Painted pumpkin at the finish line of the NCAA XC Championships // Photo via Andrew LeMay

Of course, the ongoing game of legal tug-of-war may only create more ambiguity and confusion regarding eligibility for this year, especially with numerous/most NCAA cross country programs having finalized their rosters (among other logistical facets) for this fall.

The latest court rulings are not expected to have a heavy impact for NCAA cross country athletes.

The continuous legal battle could, however, hold greater implications for certain athletes who may choose to return for the 2027 indoor track and outdoor track seasons should the NCAA's appeal fail.