Former(?) Tennessee quarterback Joey Aguilar took another step toward playing a sixth season of college football, and his eighth on a college football roster, on Wednesday when a Knoxville judge granted him a 15-day restraining order as he efforts to return to the Volunteers for the 2026 season.
In what's now known in legal circles as "the Pavia," Aguilar and his legal team are arguing that his two seasons at Diablo Valley Community College -- plus his two non-playing seasons at City College of San Francisco -- should not count toward his NCAA eligibility.
In fact, Aguilar was originally part of Pavia's federal lawsuit seeking to remove junior college years from the NCAA eligibility clock before removing himself to seek an earlier ruling. A ruling on the Pavia case is not expected until Feb. 10 at the earliest.
“After a breakout season as the Volunteers’ quarterback in 2025, the NCAA is blocking Aguilar from playing a fourth year of Division I football – depriving Tennessee of a gifted quarterback and robbing Aguilar of millions in compensation,” Aguilar’s complaint read. "Aguilar needs relief now, to know whether he should report to spring practice or prepare for the NFL draft," his complaint read. Aguilar's camp believes he could make around $2 million playing college football in 2026.
The Aguilar File
2019: Redshirted at City College of San Francisco
2020: No season
2021: 1,546 yards and 13 passing touchdowns, 261 yards and two rushing touchdowns in 10 games for Diablo Valley CC
2022: 1,446 yards and eight passing touchdowns, 358 rushing yards in six games for Diablo Valley CC
2023: Sun Belt Newcomer of the Year in 14 games (13 starts) at Appalachian State
2024: Honorable Mention All-Sun Belt in 11 starts at Appalachian State
2025: Started all 13 games at Tennessee
An indication that Aguilar has broken the NCAA's traditional eligibility clock can be found in his Tennessee bio, which listed him as a senior for his 2024 season at App State, and then as a senior again for the 2025 campaign at Tennessee. Now, Aguilar is one step closer to playing a third senior campaign in a college career that began eight seasons ago.
On Twitter, legal expert Mit Winter explained how issuing Pavia a waiver to play in 2025 created a precedent that will likely allow Aguilar and others to play in 2026 and beyond.
This is another example of how the NCAA’s prior and inconsistent decision making has put all of its eligibility rules on very shaky legal ground.
— Mit Winter (@WinterSportsLaw) February 4, 2026
The blanket waiver allowed many otherwise ineligible athletes to play another season.
And the seasons went fine.
Now, the NCAA can’t validly argue it suffers any harm when otherwise ineligible athletes are allowed to play another season.
— Mit Winter (@WinterSportsLaw) February 4, 2026
College sports needs to completely tear down its governance model and start over.
The NCAA is basically a non functional governing org at this point.
Ole Miss quarterback Trinidad Chambliss is in a similar spot, arguing that his 2022 season that did not see any action at Ferris State was actually a medical redshirt that was not properly documented at the time. Chambliss's case is different in that he's spent all five years of his career to date at NCAA institutions -- four at Division II Ferris State and one at Ole Miss.