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Alberto Osuna ineligible to open Tennessee season, court denies temporary restraining order
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- Alberto Osuna ineligible to open Tennessee season, court denies temporary restraining order
Alberto Osuna will not be eligible for Tennessee baseball when it opens the season Friday.
A judge denied Osuna's motion for a temporary restraining order that would have deemed him eligible to play for the Vols immediately, according to documents obtained Thursday by Knox News. The court scheduled an expedited hearing for Feb. 26 in regards to Osuna's motion for a preliminary injunction.
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Thus far, the court's decisions track the early stages of Vanderbilt quarterback Diego Pavia 's lawsuit. Pavia's temporary restraining order also was denied. He ultimately was granted a preliminary injunction and successfully recovered eligibility from seasons he played in junior college when the NCAA granted him a waiver after he sued.
Osuna filed a complaint against the NCAA in federal court on Wednesday as he seeks to regain a year of eligibility as a former junior college transfer. His argument largely mirrors Pavia's.
No. 2 Tennessee opens the season against Hofstra on Friday at Lindsey Nelson Stadium. Osuna will miss at least the first eight games of the season. His next hearing is two days before the Vols play in the Astros Foundation College Classic in Houston . They play Oklahoma State on Feb. 28 in their first of three games.
If the court grants Osuna a preliminary injunction, he would be eligible to play immediately for the Vols at coach Tony Vitello's discretion.
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The first baseman played two seasons at Walters State Community College in Morristown in 2020 and 2021 before transferring to North Carolina for three seasons.
The 6-foot-1, 245-pound Osuna is arguing his 2021 season at Walters State should not count against his eligibility and he should be eligible to play at UT this season. The complaint notes Osuna and Pavia followed an identical eligibility timeline so the NCAA blanket waiver for former junior college players should apply to Osuna. That it doesn't is an "arbitrary distinction" made by the NCAA because Osuna plays a spring sport and Pavia participates in a fall sport.
Osuna also Wednesday filed the motion for a temporary restraining order and preliminary injunction to prevent the NCAA from enforcing eligibility rules, stating "the need for injunctive relief is immediate" with Tennessee's season approaching. It was denied with the court ruling Thursday largely citing the precedent set in the Pavia case in November despite the "compressed timeline."
Tennessee filed a waiver to regain a year of eligibility on Osuna's behalf on Feb. 3. As of Feb. 11, the NCAA had yet to assign a representative to Osuna's case, which prompted Osuna to take legal action. J. Chad Hatmaker and Kate Hutcherson of Woolf, McClane, Bright, Allen & Carpenter in Knoxville are representing Osuna.
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Osuna's lawsuit builds around an antitrust claim as Pavia's did, declaring the NCAA and its bylaws act in a manner that prevent Osuna from maximizing his potential both on the field and in NIL earnings. Osuna has already received an NIL opportunity at UT that exceeds any NIL opportunities he has previously had, according to the filing.
Pavia's temporary restraining order was denied in November and an expedited hearing requesting a preliminary injunction was scheduled.
Pavia was granted a preliminary injunction in December that will allow him an extra year of eligibility. The NCAA Division I Board of Directors then approved an additional year of eligibility for junior college transfers who otherwise would have exhausted their eligibility following the 2024-25 season.
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Osuna's Division I eligibility expired following the 2024 season. His first season at Walters State in 2020 was cut short due to the COVID-19 pandemic and did not count against his eligibility. He used his four years of eligibility with one at Walters State and three at North Carolina.
Osuna enrolled Division II powerhouse Tampa for the fall semester without remaining Division I eligibility.
Osuna entered the transfer portal on Jan. 13. He transferred to Tennessee and joined the Vols on Feb. 1, which allowed UT to file a waiver. The documents allege that Osuna repeatedly sought guidance from the NCAA following the Pavia ruling in December. He was told a Division I school would have to file on his behalf.
The Mauldin, South Carolina, native was a terror at the plate at Walters State, earning NJCAA DI Player of the Year honors. He hit .459 with 25 homers and led the nation with 107 RBIs in 2021.
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Osuna hit .259 with 45 homers and 140 RBIs in three seasons at North Carolina primarily as a designated hitter.
Mike Wilson covers University of Tennessee athletics. Email him at michael.wilson@knoxnews.com and follow him on X @ ByMikeWilson or Bluesky @bymikewilson.bsky.social . If you enjoy Mike's coverage, consider a digital subscription that will allow you access to all of it.
This article originally appeared on Knoxville News Sentinel: Alberto Osuna eligibility: Court denies temporary restraining order
