Ohio Governor Issues Order Allowing 2022 Graduates a Fifth College Season, Defying NCAA Rule

Ohio Governor Mike DeWine signed an executive order that allows state colleges and universities to decide whether athletes who graduated high school in 2022 may compete for a fifth season, directly opposing the NCAA’s recent age-based eligibility rule. DeWine argued that fairness requires Ohio student-athletes to have the same opportunities as peers in other states. NCAA President Charlie Baker responded that a governor cannot rewrite NCAA rules and called for the Protect College Sports Act to be enacted by Congress.

Attorneys representing the affected athletes welcomed the order and suggested other governors might follow suit soon. The order arrives as a key eligibility case, Wisne v. NCAA, proceeds through the U.S. 10th Circuit Court of Appeals, and follows mixed court outcomes in other states. The NCAA has recently secured victories in Kentucky, Ohio and Arizona, but litigation is expected to continue. No immediate comment has been received from Ohio’s Division I programs.