In an intriguing legal development, Joey Aguilar is now assured a place on the Tennessee football roster for the 2026 season, along with NIL compensation, contingent upon the outcome of his lawsuit against the NCAA regarding another year of eligibility.
Filed on Friday in Knox County Chancery Court, the lawsuit, which On3 obtained documents for on Monday, seeks to challenge the NCAA's JUCO rule. The complaint asserts, "If this Court grants Aguilar relief from the NCAA’s JUCO rule in the near term, Tennessee has a spot for him on the roster and would welcome him back."
It's noteworthy that if successful, Aguilar could potentially earn around $2 million by playing college football in 2026. The lawsuit argues that counting his JUCO years against him amounts to depriving him of millions of dollars.
Aguilar is requesting an emergency temporary restraining order against the NCAA, emphasizing the urgency of a decision. The lawsuit states, "Aguilar needs relief now to know whether he should report to spring practice or prepare for the NFL draft."
Having played three seasons of NCAA Division I football, Aguilar has a unique journey. He began at Diablo Community College in California for two seasons before transferring to Appalachian State and later, in April, to Tennessee. It was during his time with the Vols that he first earned significant financial compensation, accumulating over $1 million during the 2025 season—his only substantial earnings in football, as noted in the lawsuit, stating, "From 2019 to 2023, he earned nothing. But in one season at Tennessee, Aguilar earned over $1 million."
As Tennessee's starting quarterback, Aguilar threw for 3,565 yards and 24 touchdowns across 13 games. Should he be granted another season, he would likely step into the starting role, especially considering the current options of redshirt freshman George MacIntyre, freshman Faizon Brandon, and Colorado transfer Ryan Staub.
The lawsuit highlights potential long-term impacts on Aguilar's career, arguing that the NFL does not guarantee a successful path for any college player. The timing of NFL drafts can drastically affect a player's financial prospects, making it vital for Aguilar to enhance his resume through an additional season. "A fourth full season would let Aguilar bolster his resume for the NFL and substantially raise his draft stock," the complaint stated.
Recently, Aguilar underwent surgery to remove a benign tumor from his arm. Reports from NFL Network’s Ian Rapoport indicated that he dealt with considerable pain last season due to this condition, which affected his performance. However, the lawsuit notes that Aguilar anticipates a full recovery soon, asserting, "Aguilar accomplished what he did for Tennessee in 2025 despite playing hurt for most of the season."
In a related note, Aguilar had previously been part of a group of 26 plaintiffs in the Diego Pavia lawsuit, which successfully secured another season of eligibility for the Vanderbilt quarterback based on similar JUCO concerns. Aguilar has since decided to distance himself from that lawsuit, seeking new representation to pursue his claims independently. The recent filing explains, "Left watching the clock run out on his last opportunity to play college football and earn substantial compensation for it, and with new counsel, Aguilar voluntarily dismissed himself from the Pavia lawsuit on January 29, 2026."
The crux of Aguilar's argument is that junior college football should not be counted against NCAA eligibility, positioning the NCAA's actions as potentially illegal under antitrust laws. The lawsuit points out that after a standout season in 2025, the NCAA's restrictions are not only denying Aguilar a chance to further his career but also limiting Tennessee's access to a talented quarterback. "As courts across the country have recognized, this arbitrary and anticompetitive behavior against former JUCO athletes by the entity that has a monopoly on college sports is illegal."
This situation raises important questions about fairness and opportunity in college athletics. What do you think? Should the NCAA reconsider its stance on JUCO eligibility? Join the conversation in the comments!