(Photo courtesy of @_Cainer on X)
By Chris Marler
Alberto Osuna is the latest NCAA student-athlete to pursue extra eligibility through the Diego Pavia rule. After spending two years at JUCO and three years at North Carolina, Osuna sought a sixth year of baseball at Tennessee. However, unlike Pavia, he failed to secure an extra year from the NCAA.
Court Ruling on Osuna’s Case
On Monday, it was announced that Osuna would be denied a preliminary injunction for immediate eligibility. However, the ruling came from the United States District Judge Charles Atchley Jr. rather than the NCAA.
“Because Plaintiff fails to show a strong likelihood of success on his claims under the Sherman Act and state law, his Motion for Preliminary Injunction is DENIED,” Atchley ruled. “The Court is sympathetic to Plaintiff’s position. For an organization that professes to prioritize the well-being of its student-athletes, the NCAA’s conduct has in many ways been questionable at best and self-interested at worst. Still, Plaintiff’s extraordinary talents cannot alone justify the extraordinary remedy he seeks.”
Osuna’s Transfer and NCAA Precedent
Osuna filed a complaint against the NCAA on Feb. 12 after transferring from UNC to the University of Tampa due to running out of Division I eligibility. However, the NCAA ruled in December that former JUCO players, like Diego Pavia, could erase their junior college years from their collegiate eligibility. Since JUCO programs operate outside of the NCAA, this ruling set a new precedent.
What’s Next for Osuna?
Statement from Alberto Osuna’s lawyer, Chad Hatmaker: “Alberto is extremely disappointed with the decision. We are weighing our options before deciding on our next steps.”
— Ben McKee (@benmckee14) March 3, 2025
There’s no word on what the next steps would be for Osuna. The Division I and II baseball seasons are several weeks into their respective seasons. In fact, his former school Tampa, is currently ranked as the No. 1 team in the country for Division II.
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