Vanderbilt quarterback Diego Pavia is suing the NCAA in federal court in hopes of being granted an extra year of eligibility, according to multiple reports.

Pavia, who is a fifth-year senior this season, is arguing that his time in junior college shouldn’t count against his four years of NCAA eligibility. Pavia spent two seasons at New Mexico Military Institute before transferring to New Mexico State in 2022, then played two years for the Aggies before transferring to Vanderbilt prior to this season (athletes who played in 2020 already had a year of eligibility restored due to the COVID pandemic).

In the complaint, filed in the Middle District of Tennessee, Pavia and his attorneys argue that the NCAA counting seasons played in junior college against an athlete’s eligibility “clock” (generally five years to play four seasons) amounts to an antitrust violation and he should be granted eligibility for the 2025 season via a temporary restraining order. Pavia also argues that the rule also restricts his and other JUCO athletes’ earning potential under Name, Image and Likeness legislation.

“JUCO Eligibility Limitation Bylaws restrict the ability of athletes who begin their college football careers in junior colleges from having the same opportunity to profit from NIL as students who enter an NCAA institution as freshmen,” the complaint reads, according to The Athletic.

Pavia has become a sensation in college football this season, helping the Commodores to a 6-3 record that includes a 35-30 upset of Alabama in Nashville on Oct. 5 and near-misses against Missouri and Texas. He has also led his team to wins over Auburn in each of the last two seasons, once at New Mexico State and once at Vanderbilt.

Should Pavia’s lawsuit succeed, it would set a significant precedent and would be another blow toward the NCAA’s crumbling ability to enforce its own rules. For decades, athlete eligibility has typically mirrored the four years generally required to complete an undergraduate degree, though extra years have been granted to players who redshirt (that is, sit out all or most of a season of competition for developmental purposes) or who miss significant playing time for medical reasons.

Due to the COVID exemption for 2020, football players competing in a sixth season has become a common occurrence in recent years. In extreme cases, players who suffered multiple season-ending injuries have been allowed compete for seven, eight or even nine years (as with current Miami tight end Cam McCormick).

Pavia asked the court for an expedited decision before the transfer portal opens on Dec. 9.

“I would like to return to Vanderbilt next year, but need time to negotiate NIL deals before the transfer portal opens,” Pavia said in a statement to The Athletic through his attorneys. “If the transfer portal opens before I can complete negotiations with Anchor Impact (Vanderbilt’s collective), I will be trapped between abandoning those negotiations, or foregoing possible opportunities with other colleges who may recruit other quarterbacks out of the transfer portal before I can enter.”