{"id":83353,"date":"2025-02-14T17:34:11","date_gmt":"2025-02-14T23:34:11","guid":{"rendered":"https:\/\/demo.wztzfm.com\/wp\/kansas-state-baseball-player-cary-arbolida-files-eligibility-lawsuit-against-ncaa\/"},"modified":"2025-02-14T17:34:11","modified_gmt":"2025-02-14T23:34:11","slug":"kansas-state-baseball-player-cary-arbolida-files-eligibility-lawsuit-against-ncaa","status":"publish","type":"post","link":"https:\/\/demo.wztzfm.com\/wp\/kansas-state-baseball-player-cary-arbolida-files-eligibility-lawsuit-against-ncaa\/","title":{"rendered":"Kansas State baseball player Cary Arbolida files eligibility lawsuit against NCAA"},"content":{"rendered":"

Kansas State<\/a><\/strong> baseball player Cary Arbolida<\/strong> became the latest former JUCO athlete to file a lawsuit against the NCAA. He played three years of JUCO ball \u2013 including the COVID-impacted 2020 campaign \u2013 before spending the last two seasons at Houston<\/a><\/strong>.<\/p>\n

In the suit, filed<\/a> in the U.S. District Court for the District of Kansas<\/strong>, Arbolida is seeking an injunction to play both the 2025 and 2026 seasons at Kansas State. The case is similar to the one filed by Vanderbilt<\/a><\/strong> quarterback Diego Pavia<\/a><\/strong>, which resulted in a preliminary injunction<\/a> allowing him to play this coming year, and Arbolida cited that case in the filing.<\/p>\n

After the decision in Pavia\u2019s lawsuit, the NCAA granted a blanket waiver<\/a> to former JUCO players to compete in 2025. However, it only applies to fall athletes, according to the filing. That\u2019s why Arbolida took the legal route to get onto the field while awaiting an answer from the NCAA.<\/p>\n

\n\n

We have another Pavia-like lawsuit, and by another college baseball player.<\/p>\n

Cary Arbolida, who played three years at JUCO Orange Coast College before playing two years at Houston, is now seeking an injunction that would allow him to play this year and next year for K-State. pic.twitter.com\/9DMrnjrp9w<\/a><\/p>\n

\u2014 Sam C. Ehrlich (@samcehrlich) February 14, 2025<\/a><\/p><\/span>\n<\/div>\n

\u201cAlthough Pavia and Arbolida have nearly identical collegiate eligibility records (one year disregarded for COVID-19, one JUCO year, and three Division I years for Pavia and one year disregarded for COVID-19, two JUCO years, and two Division I years for Arbolida), the NCAA\u2019s Blanket Waiver does not, on its face, extend relief to Arbolida,\u201d the filing states. \u201cUnlike football, collegiate baseball is played in the Spring. Therefore, Arbolida must use his third year of Division I eligibility during the Spring 2025 baseball season.<\/p>\n

\u201cBecause the NCAA Blanket Waiver extends eligibility only to athletes using their fourth year of Division I eligibility for Fall 2025 or Spring 2026 seasons, Arbolida is not covered by the waiver. This arbitrary distinction harms Arbolida and is another example of the NCAA\u2019s unlawful restrictions on the market for Division I athletics.\u201d<\/p>\n

Cary Arbolida cites NIL dollars in NCAA suit<\/h2>\n

After two years at Houston, Cary Arbolida entered the transfer portal<\/a> and committed to Tampa<\/strong> \u2013 the same school as Alberto Osuna<\/strong>, who also filed an eligibility lawsuit against the NCAA. His motion for a temporary restraining order was denied<\/a> Thursday.<\/p>\n

But in Arbolida\u2019s case, he cited specific NIL<\/a> earnings on the table if he is able to play this season. That\u2019s different from Osuna\u2019s arguments.<\/p>\n

\u201cThe NIL opportunities and resources available to Arbolida at KSU are better than those available to him at other non-Division I institutions,\u201d the filing states. \u201cArbolida committed to KSU and applied for admission in late January 2025.<\/p>\n

\u201cAfter being admitted, Arbolida enrolled in classes full-time. Arbolida arrived in Manhattan, Kansas on or about February 6, 2025. Arbolida would be able to earn at least $50,000 in NIL compensation if he is able to play Division I baseball at KSU in the Spring 2025 season.\u201d<\/p>\n

More on the Alberto Osuna, Diego Pavia cases<\/h2>\n

In the Alberto Osuna case earlier this week, Judge Charles E. Atchley Jr.<\/strong> denied his request for a temporary restraining order, which is the same decision made in Diego Pavia\u2019s request for a TRO. However, the court will hear Osuna\u2019s motion for a preliminary injunction at an expedited hearing.<\/p>\n

In the meantime, though, he will not be able to suit up for Tennessee. The Volunteers started the 2025 season against Hofstra<\/strong> on Rocky Top Friday afternoon.<\/p>\n

But the Pavia case is the path Cary Arbolida hopes to follow. After his TRO was denied, Judge William Campbell<\/strong> argued the NCAA\u2019s redshirt rule involving junior college eligibility\u00a0violates antitrust law<\/a>.<\/p>\n

Pavia initially\u00a0filed a lawsuit<\/a>\u00a0in November against the\u00a0NCAA, arguing that because the governing body counts junior college seasons towards NCAA eligibility and athletes cannot redshirt after they have played four years, NCAA rules violate antitrust law. The former\u00a0New Mexico State<\/a><\/strong>\u00a0transfer also argued that this forced athletes to miss out on NIL dollars.<\/p>\n

\u201cDefendant NCAA, its servants, agents, and employees, and all person acting in active concert or participation with the NCAA are hereby restrained and enjoined from enforcing NCAA Bylaw 12.02.6 to preclude Pavia from playing NCAA Division I football in 2025,\u201d Campbell\u2019s order stated.<\/p>\n

The post Kansas State baseball player Cary Arbolida files eligibility lawsuit against NCAA<\/a> appeared first on On3<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

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