The Tennessee Volunteers are hoping to bring back their quarterback this fall for one last season as he seeks an emergency TRO and preliminary injunction.
One of the few legal challenges that the NCAA has been able to pull off in recent years is the enforcement of its five-year eligibility window, more strictly in other sports than college football, but still in legal battles with the latter. The latest quarterback to challenge their rules enforcement is Tennessee Volunteers quarterback Joey Aguilar, who was initially part of the plaintiffs in a federal lawsuit filed by Vanderbilt quarterback Diego Pavia. However, it’s moving so slowly that Aguilar removed his name from the list and filed his own complaint in Knox County Chancery Court on Friday in Tennessee.
The complaint argues that his junior college years shouldn’t count towards a fourth year of playing Division I football, and he’s seeking an emergency restraining order and preliminary injunction to require the NCAA to grant him one more season with the Vols.
It’s the same argument as Pavia’s, who was successful in getting a preliminary injunction, but Aguilar is hoping for a more favorable judge and a swifter resolution by separating from the case. Aguilar first redshirted at City College of San Francisco in 2019, and his 2020 season was cancelled due to the pandemic. He started his playing career at Diablo Valley Community College in California from 2021 to 2022 and then transferred and spent two seasons at Appalachian State. He transferred to Tennessee for the 2025 season, completing 67.3 percent of his passes for 3,565 yards and 24 touchdowns to 10 interceptions.
Here is the full story from Vols Roundtable writer Jack Church diving into the legal challenges Aguilar faces and what precedent has shown.
With spring practices beginning soon, and winter workouts already in progress, a resolution is needed quickly for Aguilar. Pavia is continuing his lawsuit despite entering the NFL draft in efforts to help former JUCO players like himself. However, as Aguilar details in his complaint, that ruling won’t come until at least Feb. 10. It’s a decision that could end up costing Aguilar around $2 million, according to ESPN, in NIL money this upcoming season.