Benjamin Pearce, a Division III men’s basketball player from Emory University, has filed a federal class action lawsuit challenging the NCAA’s refusal to grant a fifth year of eligibility to athletes in Divisions II and III who entered college in 2022. This legal action comes after the NCAA implemented a new "age-based" eligibility rule in June 2026, extending the allowed participation period from four to five years starting at age 19 or college enrollment. While Division I athletes in the 2022 freshman class recently gained eligibility for a fifth year due to a federal court injunction, the NCAA has denied the same for Division II and III athletes, prompting Pearce’s lawsuit filed in the Southern District of California.

Pearce’s lawsuit argues that the NCAA unjustly restricted 2022 freshmen from gaining this additional year, even though Pearce himself played four seasons and received interest from multiple Division I schools for a potential transfer. The complaint claims that the denial of extra eligibility unfairly limits Pearce’s and other lower-division athletes’ opportunities for scholarships, NIL earnings, revenue-sharing, and professional advancement. The suit also seeks to prevent the NCAA from enforcing roster limits and revenue-sharing restrictions that could hinder these athletes from securing spots on collegiate teams.

This legal challenge closely follows recent controversies surrounding the NCAA’s administration of eligibility rules. The original wave of lawsuits came from Division I athletes who opposed the NCAA’s refusal to grandfather the 2022 class into the expanded eligibility rules, leading to a July 31, 2026 federal ruling that granted a fifth year to thousands of Division I players. The Pearce case marks the first major test of these issues in Divisions II and III, where the age-based policy has only recently been adopted or is still pending.

If successful, Pearce’s case could dramatically alter the NCAA’s eligibility landscape by extending a fifth year of competition to thousands of athletes in lower divisions nationwide. The ruling would build on previous legal decisions that have already forced the NCAA to reconsider and reform its outdated policies, potentially ushering in new opportunities for college athletes beyond the Division I spotlight. The NCAA has yet to issue an official response, and the suit represents a significant escalation in the ongoing fight over collegiate athlete rights in the era of evolving eligibility and transfer regulations.