NC State Cornerback Corey Coley Jr. is suing the NCAA for a 5th year of eligibility.
Coley Jr. transferred to NC State from Maryland prior to the 2024 football season. In his first three seasons at Maryland, Coley Jr. played 10+ games each year, including his True Freshman season. As a result, he came to NC State with his Redshirt season still intact. Last Fall, Coley Jr. played in the first 6 games of the season, but after suffering injuries, he was unable to play for the remainder of the year. Had he only played in 4 games, he would have been able to count 2024 as a Redshirt season.
NC State filed with the NCAA for an additional “Medical Hardship” season to be granted to Coley Jr., but their request was denied.
This is the basis for Coley Jr.’s lawsuit against the NCAA.
Coley Jr. played in 213 snaps in the first 6 games of the season for the Wolfpack in 2024, starting in two of the contests. He had 10 tackles, with 2 pass breakups, with a PFF grade of 66.4.
Below you will find portions of Coley’s lawsuit against the NCAA. You can also read it in full here.
Plaintiff Corey Coley, Jr. (“Coley”) brings this action to challenge the Bylaws 12.8,
et seq., 12.02.06 (“Intercollegiate Competition Rules”), 12.8.3.1 and 12.8.3.1.7 (“Minimum
Amount of Competition, as applied to football), (collectively referred to as the “Challenged Rules)
of Defendant, National Collegiate Athletic Association (“NCAA”), as currently specified in the
2024-25 NCAA Division I Manual (herein “NCAA Bylaws” or “Bylaws”) attached hereto as
“Exhibit 1.” This NCAA Bylaw provision prohibits a “student-athlete” from engaging in “more
than four seasons of intercollegiate competition in any one sport” and currently prohibits an
“institution” from permitting a “student-athlete to represent it in intercollegiate competition”
outside of the “time periods” specified in the Challenged Rules. The NCAA arbitrarily determines
what constitutes a “season,” (which the NCAA defines for football as appearing in more than four
(4 ) games) without regard to whether an injury prevented a “student-athlete” from completing an
entire season (which in Division I football is twelve (12) regular season games, and as many as
seventeen (17) games for teams that compete in the College Football Championship). The NCAA
applies the Challenged Rules without regard to whether a college athlete, after “four seasons of
intercollegiate competition,” is still enrolled in school, pursuing a degree; without regard to
whether a “student-athlete” has missed more than the equivalent of what the NCAA defines as a
“season of competition” during their career due to injury; without regard to those provisions of the
NCAA Bylaws that knowingly permit (with or without a “waiver”) certain student-athletes to
continue to participate in athletics longer than just “four seasons of competition”; without regard
to the market realities that there is demand for the services of “student-athletes”, like Coley,
beyond “four seasons of competition” while they are enrolled in school; and without regard to the
reality that the NCAA fully knows that the Challenged Rules unjustifiably restrains the ability of
college athletes to continue to earn substantial sums (“NIL Compensation”) through use of their
name, image and likeness (“NIL”) connected to the valuable services that college athletes, like
Coley, provide as a Division I football player beyond four seasons of intercollegiate competition.
This action seeks injunctive relief against the NCAA for violation of Section 1 of the Sherman
Act, 15 U.S.C. §1.
During his college football career, Coley has missed nine (9) games, or more than
two (2) “seasons,” as defined by the NCAA (more than four contests) due to injury, as he missed
two (2) games due to injury during his sophomore season at the University of Maryland, and seven
(7) games due to injury during the 2024-25 season while at NCSU.
While Coley expected to Redshirt his true freshman year in 2021, because of
injuries, Coley’s team needed him to play, and he therefore appeared in nine (9) games, playing a
total of 230 snaps on defense as a cornerback, and also playing on special teams. Given the
demands of his academic pursuits, in addition to being a football player, Coley felt completely
unprepared to deal with the struggles of being far away from home, and accordingly, his mental
health struggled. Like many athletes, Coley was hesitant to reach out for help.
Two (2) weeks before the start of Coley’s sophomore (2022) football season, he
suffered a knee injury during training camp, which kept him from competing in the first two (2)
games of the season. The recovery process from this injury was grueling, and even after Coley
returned to football, he was in constant pain and discomfort, which caused him to feel
overwhelmed, at times, by the physical and mental challenges that he faced, which affected his
confidence and performance both on and off the field. Coley’s mental health declined to the point
where he felt like he was barely holding things together, but working with a sports psychologist,
Coley was able to develop strategies to cope with the pain and pressure. Coley’s 2022 sophomore
season at the University of Maryland was one of the toughest years of his life, during which he
appeared in ten (10) games and a total of 291 snaps at cornerback.
Coley’s junior year at the University of Maryland (2023) was a year of personal
loss and tragedy, as he endured the loss of his uncle from pancreatic cancer, someone who had
played a vital role in Coley’s life. Being far away from home made Coley’s grief from this death
almost unbearable, and left him feeling isolated, helpless, distracted and unmotivated, which again,
affected his performance both on and off the field. During the 2023 season, Coley appeared in ten (10)
games and a total of 305 snaps at cornerback, while also playing on special teams. By way of
perspective, one of Coley’s Maryland teammates and fellow cornerback, Deonte Banks, chosen in
the 1st round of the 2023 NFL draft, played more than 600 snaps during his final season at
Maryland.
After Coley’s junior year at the University of Maryland, he decided to enter the
transfer portal and ultimately transferred to NCSU in order to be closer to his mother and to play
his senior year (2024) at NCSU. However, as a single-mother, Coley’s mother had to work multiple
jobs to make ends meet and simply was not able to get to NCSU to see Coley, which left Coley
feeling unfocused and emotionally drained.
Prior to enrolling at NCSU, Coley had not received any NIL Compensation while
he was at the University of Maryland, but did receive NIL Compensation in 2024 from 1PACK,
NCSU’s collective that “connects fans, alumni, businesses and charities” with athletes at NCSU,
including Coley. Coley has pursued a college degree not only to play college football but also
connect with individuals who can and will have a lifelong impact on him, beyond sports.
Coley began the 2024 season in a lower place, mentally, than he had ever been, and
he had no readily available family support system to help him. It was not until the start of NCSU’s
2024 football season that he reached out to professionals at NCSU for help. Because of injuries in
the defensive backfield, the NCSU football team needed Coley on the field, and despite dealing
with a nagging ankle injury, Coley pushed through, mentally and physically, not wanting to let his
teammates down. Despite the lingering ankle injury, Coley did his best to manage both the needs
of the team and his own needs, which ultimately caused Coley’s anxiety and mood symptoms to
become exacerbated during this period.
On the fifth defensive snap of NCSU’s sixth game of the 2024 football season
against Wake Forest, Coley suffered a season-ending injury, which caused Coley to miss the
remainder of that game and NCSU’s remaining seven (7) games, including six (6) regular season
games against Syracuse, California, Stanford, Duke, Georgia Tech and UNC, and NCSU’s bowl
game against East Carolina, all of which were televised. Coley appeared in five (5) games and five
(5) more defensive snaps in NCSU’s sixth game, and played a total of 213 snaps at cornerback,
while also playing on special teams.
According to the NCAA, under its Rules and stated criteria for a “Hardship
Waiver,” had Coley’s injury occurred in NCSU’s fourth (4) game, the 2024 season would not have
counted as a season of competition or Corey would have been eligible for a “Hardship Waiver.”
Furthermore, had Coley played in twenty-four (24) fewer snaps (18 total snaps in the 5th game and
6 in the 6th game), Coley’s 2024-25 “season” would not have constituted a “season of competition.”
To further amplify the arbitrary nature of what constitutes a “season” under the NCAA’s rules, the
number of games Coley missed due to injury (nine (9)) would be the equivalent of two (2) seasons,
yet the total games missed due to an injury is not one of the stated criteria for a “Hardship Waiver”
or any other exception.
Coley is a great student, with a cumulative 3.5 GPA, and is on track to complete
his degree by the end of 2025.
But for the Challenged Rules, NCSU wants Coley to return to NCSU and play
football during the 2025-26 college football season, and Coley wants to return to NCSU where he
not only has the opportunity to play football and earn additional NIL Compensation through
NCSU’s collective, 1PACK, but also continue his academic endeavors. However, NCSU’s
position is not unique, as other than NCSU, there is a demand for Coley’s services as a Division I
college football player other than through NCSU.
NCSU applied to the NCAA, beginning in December 2024, to grant Coley an
additional year of eligibility. Pursuant to Coley’s waiver application (attached hereto as “Exhibit
3” and incorporated by reference) NCSU represented that Coley has endured hardships in every
year of his collegiate enrollment. NCSU informed the NCAA that during Coley’s freshman year
at Maryland, due to injuries on the team, he had to play and participated in nine (9) contests and
was unable to redshirt to develop physically and mentally; that during his sophomore year, he
participated in ten (10) contests, however, he sustained an injury (torn meniscus) that kept him out
of the first two (2) games of the year and plagued him throughout the season; that in his junior
year, he dealt with his uncle having pancreatic cancer, and the combined mental and physical
challenges effected his performance both on and off the field; and that during the 2024 season at
NCSU, he suffered an ankle injury in his fourth game in which he continued to play on and then a
season-ending injury to his knee in his sixth game that kept him out for the remainder of the fall
2024 season, as confirmed by NCSU’s head trainer.
With respect to the mitigating factors, NCSU provided to the NCAA that Coley’s
collective struggles, both mentally and physically, throughout his collegiate career should be
considered by the NCAA. NCSU set forth that while Coley competed in 2024 beyond 30% of
NCSU’s competitions and beyond the mid-way point in that and other seasons, Coley’s
circumstances outside of his control negatively impacted his overall athletic participation to the
point he was unable to have a meaningful and impactful opportunity in college athletics. He dealt
with multiple injuries, a family member having pancreatic cancer and passing away, and mental
health struggles throughout his four (4) years of collegiate enrollment. NCSU provided a personal
statement from Coley that outlined all of this.
Based on all of these circumstances, NCSU requested Coley be granted a fifth
season of competition, which would still meet the five (5) year period of eligibility.
With the waiver request submitted by NCSU, NCSU provided the NCAA
confirmation from a sports psychologist at NCSU that detailed her treatment of Coley after his
ankle injury, and her meetings with Coley reflected themes of Coley trying to best manage the
needs of the team while advocating for his own needs, which impacted Coley’s anxiety and mood
symptoms, which became exacerbated.
With the waiver request submitted by NCSU, NCSU provided the NCAA with
confirmation from NCSU’s head trainer that Coley was not “medically cleared” for all games in
2024; that Coley injured his knee on October 5, 2024, against Wake Forest and “was not able to
make it back for the rest of the season. He was not cleared for the games against Syracuse,
California, Stanford, Duke, Georgia Tech, UNC and East Carolina.”
Despite this, NCSU’s waiver application was summarily denied by the NCAA on
February 6, 2025. (Attached hereto as “Exhibit 4”). In its denial, the NCAA stated that the
“requirements” to obtain a waiver “are not satisfied given [Coley’s] participation exceeded the
30% legislated limit by two contests.” In its denial, the NCAA falsely stated that NCSU’s head
football athletic trainer stated that Coley “was cleared for competition after his knee injury October
5, 2024.” That stated reason was false; after his injury of October 5, 2024, Coley was never
“medically cleared” to resume any type of competition. In apparent recognition of the false
information contained in its original denial, on February 18, 2025, the NCAA submitted an
amended denial, but this time stating that after his injury of October 5, 2024, Coley was not
medically cleared to resume any type of competition. (Attached hereto as “Exhibit 5.”)
The NCAA’s waiver criteria, “designed to provide a student-athlete with the
opportunity to participate in four seasons of intercollegiate competition within a five year period,”
includes that an athlete “did not use a season of intercollegiate competition due to an institutional
decision to red-shirt the student-athlete,” or was “deprived of the opportunity to participate for
more than one season in his or her sport within the five-year period of eligibility for reasons that
are beyond the control of the student-athlete or the institution.” Bylaw 12.8.1.7.
Coley’s “window of opportunity” to continue to play football at NCSU from which
he can earn substantial NIL Compensation is closing, as NCSU is in need of filling vacancies in
their defensive backfield left from the departure/transfer of some of Coley’s 2024 teammates;
Spring practice for the 2025 football season begins at the end of February, 2025, and if Coley is
not eligible to participate under the NCAA’s Bylaws, Coley has been informed that NCSU will be
forced to move on, thereby depriving Coley of an opportunity not only to play football but to earn
substantial NIL Compensation. In addition, if Coley is not eligible to play a fifth season of college
football in 2025, the only other way that Coley can continue to play football is to attempt to get a
job playing professional football, with the NFL draft scheduled for April 2025.
Coley’s situation stands in stark contrast to athletes who get five (5) seasons of
eligibility to play football because of the NCAA’s “Redshirt Rule” and “Covid Waiver” policy,
under which any student enrolled at an NCAA Division I school received a one-year eligibility
extension, and the 2020 season did not count as a season of competition, giving these students six
(6) years to play five (5) seasons. An example of that is Bo Nix, who started at Auburn University
at quarterback for three (3) seasons, before transferring to the University of Oregon where he
started for two (2) additional seasons, before being selected in the first round of the 2024 NFL
draft.
Coley’s situation stands in stark contrast to students who graduate from high school
and become a professional athlete in some sport other than football, who can (after playing
professional sports) enroll in college and be eligible to play college football and today receive NIL
Compensation in that sport.
Coley’s situation stands in stark contrast to football players who are injured earlier
than the fourth game of the season, who are entitled to consideration of a “Hardship Waiver” and
an additional season of competition.
Therefore, the Challenged Rules cannot be justified as designed to achieve any sort
of competitive balance, or older athletes (like Chris Weinke, a Heisman trophy winning
quarterback who played professional baseball before enrolling as a freshman at Florida State)
would be precluded from participating in college sports. However, no “age restriction” exists.
The NCAA’s “Covid Waiver” (Exhibit 6) amplifies the anti-competitive nature of
the 5 Year Rule, which allows some students who actually played during the 2019-20 football
season to compete for more than four (4) years. The NCAA’s “Covid Waiver” applies regardless
of whether a student actually participated in a “season” (as defined by the NCAA).
In its ever-revolving rules, the NCAA has now even granted a “temporary waiver”
to permit athletes who attended and competed at a “non-NCAA” school for one or more years to
remain eligible and compete in 2025-26 if those athletes would have otherwise used their final
season of competition during the 2024-25 academic year.
The Challenged Rules violate the Sherman Act, by wrongfully and arbitrarily
defining a season of competition as one in which an athlete has appeared in any contest, unless the
athlete appears in less than an arbitrarily designated four (4) games. Even though NCSU
participated in twelve (12) games, and the eventual 2024-25 national champion, Ohio State,
participated in a total of sixteen (16) games, the Challenged Rules wrongfully equate participation
in more than four (4) games as participating in an entire football season, thereby denying Coley
and other athletes the opportunity to earn NIL Compensation for an additional fifth season while
continuing to pursue their college degree.
Whatever the alleged justifications for the Challenged Rules, the NCAA has
already identified a less restrictive alternative to fix the anticompetitive problems inherent in the
5 Year Rule by allowing all athletes five years to play five seasons.3 Such a rule change would
make Coley eligible to play football for NCSU in 2025. However, when or if the NCAA intends
to implement such a rule change is unknown and would likely come too late for Coley to take
advantage of the opportunities at NCSU, where Coley is currently enrolled as a student.
Any goals of the challenged Rules can be accomplished through less restrictive
alternatives, as the NCAA’s Rules already require that, while engaged in athletics, student-athletes
must maintain progress towards a degree, and maintain minimum credit hours and grade point
averages. These Rules accomplish the NCAA’s goals without the unjustified restraints imposed
by the Challenged Rules.
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