Federal Panel Dismisses NCAA Appeal of Vanderbilt QB Diego Pavia's injunction

A federal appeals panel on Wednesday dismissed the NCAA's eligibility case against Vanderbilt quarterback Diego Pavia, who is playing this season under a preliminary injunction.

All three judges agreed with the dismissal for lack of jurisdiction in a quick ruling returned after hearing only oral arguments Sept. 16 in Nashville. Judge Amul R. Thapar noted Pavia won the preliminary injunction before the NCAA hurt its appeal by granting a waiver to athletes in his position.

"The NCAA gave Pavia exactly what he wanted — a waiver that guaranteed he could play for Vanderbilt in 2025," Thapar wrote. "Because that waiver provides Pavia complete relief at the preliminary-injunction stage, we dismiss the NCAA’s appeal as moot."

Pavia started playing at New Mexico Military Institute in 2020. (The NCAA did not count that season toward eligibility because of the COVID-19 pandemic.) He led the junior college to the 2021 national championship, then played at New Mexico State in 2022 and 2023 before transferring to Vanderbilt for 2024, making this season his sixth overall in college football but only his fourth at the Division I level.

The NCAA pointed to what Thapar said on page 15, where he wrote "Congress should consider stepping in to preserve these benefits for the millions of young athletes yet to come. Until it does so, judges should tread carefully in this area and insist on a thorough record from which to rule."

Tim Buckley, the NCAA's senior vice president of external affairs, pointed to the SCORE Act with bipartisan support in Congress along with the backing of athletes from all three divisions.

"The SCORE Act is the only bill in Congress that would protect the NCAA’s longstanding academic eligibility rules — ensuring high