NCAA attorney, Tennessee fan argues against extended eligibility for Joey Aguilar

The eligibility of Tennessee Volunteers quarterback Joey Aguilar is currently under scrutiny, as he pursues a legal challenge against the NCAA to secure another year of competition. A preliminary injunction hearing took place on February 13, 2026, centering on Aguilar’s argument that time spent at junior colleges should not count against his NCAA eligibility clock.

A Familiar Face in Court

The hearing featured Taylor Askew, the attorney representing the NCAA, who holds a deep connection to the University of Tennessee. A Knoxville native and graduate of both Tennessee Tech and the University of Tennessee’s law school, Askew nonetheless argued against granting Aguilar an additional year of eligibility. He stated that while he is a devoted fan of the Volunteers, upholding NCAA rules is paramount.

Did You Know? Taylor Askew has previously represented the NCAA in legal disputes involving Tennessee athletes, including cases concerning Zakai Zeigler (basketball), Alberto Osuna (baseball), and Nico Iamaleava (football).

Despite acknowledging Aguilar’s positive impact – noting he “didn’t know who he was until Nico left” – Askew maintained that granting an exception would compromise the integrity of the rules. He emphasized that Tennessee should not need to resort to legal action to ensure a player’s eligibility.

The Core of the Dispute

Aguilar’s lawsuit challenges the NCAA’s eligibility rules as they apply to athletes transferring from junior colleges. He contends that competition at the junior college level should not be factored into an athlete’s NCAA eligibility, as junior colleges are not part of the NCAA structure. Aguilar’s path to Tennessee included stops at City College of San Francisco, Diablo Valley College, Appalachian State, and briefly at UCLA before arriving in Knoxville.

Expert Insight: The NCAA’s eligibility rules are often complex and subject to interpretation, leading to frequent legal challenges. This case highlights the ongoing tension between maintaining consistent standards and accommodating the diverse pathways athletes take to reach Division I competition.

Aguilar led Tennessee to an 8-5 record in 2025. Judge Chris Heagerty, also a Tennessee alumnus, has extended a temporary restraining order while he considers whether to grant a full injunction. Heagerty indicated a decision would be forthcoming “in short order.” Following the hearing, Aguilar and Askew were observed speaking amicably, with Aguilar placing his arm around the attorney.

Frequently Asked Questions

What is Joey Aguilar seeking to achieve with his lawsuit?

Joey Aguilar is suing the NCAA to extend his NCAA eligibility for one more season at Tennessee, arguing that his time spent playing at junior colleges should not count against his eligibility clock.

Who is representing the NCAA in this case?

Taylor Askew, an attorney with ties to the University of Tennessee, is representing the NCAA. He is a Knoxville native and graduate of Tennessee Tech and the University of Tennessee’s law school.

What is the judge’s next step in this process?

Judge Chris Heagerty has extended a temporary restraining order and will issue an opinion on an injunction, which will determine whether Aguilar is granted eligibility. He expects to issue his opinion “in short order.”

What impact will Judge Heagerty’s decision have on the future of college athlete eligibility rules?