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Joey Aguilar gets restraining order vs NCAA. What's next for Tennessee QB?
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- Joey Aguilar gets restraining order vs NCAA. What's next for Tennessee QB?
( This story was updated to include new information. )
Tennessee quarterback Joey Aguilar has been granted a temporary restraining order against NCAA eligibility rules by a Knoxville judge, serving as the first step toward his potential return for the Vols in the 2026 season.
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On Feb. 4, Chancellor Christopher Heagerty issued the 15-day order in Knox County Chancery Court, which was obtained by Knox News. It prohibits the NCAA from restricting Aguilar's eligibility because he played junior college football before his Division I career. But it's just a short-term measure.
The next step for Aguilar is to seek a preliminary injunction, which could extend his eligibility to the 2026 season. An injunction hearing is tentatively set for Feb. 6.
It could be a pivotal day for NCAA governance. Also on Feb. 6, an Alabama judge in Tuscaloosa Circuit Court will hold a preliminary injunction hearing for 23-year-old NBA G League player Charles Bediako . He got a temporary restraining order to return to college basketball and is now an active player for the University of Alabama basketball team.
Why Knoxville judge granted restraining order for Joey Aguilar
Heagerty, a well-respected chancellor since 2021, received his bachelor's and law degrees from University of Tennessee. He began teaching as an adjunct professor at the school's Winston College of Law in the fall.
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Heagerty gave four reasons for the emergency order:
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Plaintiff has demonstrated a substantial likelihood of success on the merits of his claim that the NCAA's "JUCO rule" violated the Tennessee Trade Practices Act.
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Immediate and irreparable injury will result to the Plaintiff if the restraining order is not issued. Every day that Aguilar's future remains uncertain leaves him unable to prepare for the next step of his career.
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The balance of harms favor Plaintiff. The requested relief runs only to Aguilar. And the NCAA suffers no harm if Aguilar can play NCAA football for a fourth full season. The NCAA waived the JUCO rule for Aguilar and hundreds of other athletes in 2025.
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No adequate remedy of law exists before a hearing can be had due to the time-sensitive nature of Plaintiff's claim. Each day that passes leaves Aguilar unable to prepare and jeopardizes major career opportunities, lost time and opportunities that cannot be fully calculated or remedied with money damages.
In Aguilar's complaint, attorney Cam Norris asked for a quick resolution. If Aguilar regains his eligibility, he could potentially participate in spring practice . If the injunction is denied, he'll turn his attention to NFL draft workouts.
"(Aguilar) cannot wait much longer to know whether he is eligible to play college football in 2026," his complaint says. "If the answer is no, he must turn his full attention to preparing for the NFL draft, a detailed process that takes months of preparation. And if the answer is yes, Aguilar needs to be throwing with his receivers, joining spring practice in March, and otherwise preparing to be the starting quarterback for a major SEC football program."
In 2025, Aguilar led the SEC with 3,565 passing yards, the third most in a single season in UT history, along with 24 TD passes. According to the complaint, UT has a spot available on the 2026 roster for Aguilar, as well as access to " approximately $2 million " in NIL money for the quarterback.
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The court's ruling could have a significant impact on Tennessee's quarterback plan.
The Vols failed to land a premier starting quarterback in the transfer portal. If Aguilar remains ineligible, redshirt freshman George MacIntyre , five-star freshman Faizon Brandon and Colorado transfer Ryan Staub will compete for the starting job in the 2026 season.
What NCAA said about Joey Aguilar
An attorney with the NCAA said argued against the temporary restraining order, but his filing came almost an hour after the judge issued it.
In a statement after the temporary restraining order was granted, the NCAA said the order "illustrates the impossible situation created by differing court decisions …"
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"We will continue to defend the NCAA's eligibility rules against repeated attempts to rob high school students of the opportunity to compete in college and experience the life-changing opportunities only college sports can create.
"The NCAA and its member schools are making changes to deliver more benefits to student-athletes, but the patchwork of state laws and inconsistent, conflicting court decisions make partnering with Congress essential to provide stability for all college athletes."
Josh Heupel declares support for Aguilar in court brief
Aguilar's attorney filed a brief in which Tennessee football coach Josh Heupel declares his support of a preliminary injunction.
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"UT would love to have Aguilar back for the upcoming 2026 season," Heupel says in the brief. "But UT needs to know whether he will be eligible. It is essential for Joey, his coaches and teammates, and for UT to all know the status of his eligibility as soon as possible."
Heupel's self interests are undeniable. The Vols are better if Aguilar, the starting quarterback, can return next season.
But Heupel also has a valuable perspective on Aguilar's argument. Heupel was a junior college player before transferring to Oklahoma, where he became a Heisman Trophy runner-up and national champion quarterback in 2000. Of course, that was many years before NIL and the transfer portal came into the picture.
"I am familiar with the NCAA's eligibility rules, including NCAA Bylaws that restrict the duration of a student-athlete's eligibility to compete for four seasons within a five-year period and the 'counting' of time spent at junior colleges, which are non-NCAA institutions, toward the total eligibility time," Heupel said in the brief.
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"If called to do so, I could testify competently to these facts under oath."
Why it matters that Aguilar played only three NCAA seasons
Aguilar, 24, has spent seven years in college football, but only three seasons at NCAA member schools. That's why he is challenging the NCAA eligibility rules regarding junior college players.
The NCAA allows players to compete for four seasons within five years. And it counts junior college seasons toward that total and time period even though junior colleges are not part of the NCAA.
Numerous lawsuits around the country seek to change the NCAA's eligibility rules so junior college competition wouldn't factor into NCAA seasons of eligibility or an athlete's eligibility clock. Only seasons at an NCAA institution would count as part of NCAA eligibility, giving Aguilar one more season to play.
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In 2019, Aguilar redshirted at City College of San Francisco. In 2020, the COVID pandemic canceled his junior college season there. In 2021-22, he played two junior college seasons at Diablo Valley College in Pleasant Hill, California.
His NCAA career began in 2023 when he played at Appalachian State. He transferred to UCLA for spring 2025, and then transferred to Tennessee in essentially a quarterback swap involving Nico Iamaleava.
How Aguilar could participate in Tennessee spring practice
Aguilar is already enrolled at Tennessee, a UT spokesperson told Knox News on Feb. 4, which could streamline his return to the field if he regains his eligibility.
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On Jan. 18, Aguilar's mother, Lydia, told Knox News that her son was not enrolled. However, a UT spokesperson said on Feb. 4 that Aguilar is enrolled. Classes for the spring semester began Jan. 20, and the deadline to register was Jan. 26.
Tennessee starts spring practice on March 16. The question is whether Aguilar would be a full participant if he were eligible. Aguilar underwent surgery on Jan. 2 to remove a benign tumor on his arm . According to his court filing, he expects to be fully recovered soon, perhaps in late February.
Why Knoxville court moved faster than Diego Pavia case for Aguilar
Aguilar joined Diego Pavia's case as a plaintiff in November 2025. But on Jan. 30, Aguilar separated from that lawsuit because the arguments were so wide-ranging among several plaintiffs. Aguilar then filed his own lawsuit in state court with a narrow focus on his specific situation.
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Pavia, the former Vanderbilt quarterback, filed the lawsuit against the NCAA in late 2024. After a preliminary injunction in that case, the NCAA granted a waiver that gave all former junior college players an additional year of eligibility. That allowed Pavia, Aguilar and many other former junior college players to play the 2025 season.
An injunction hearing in the Pavia case is scheduled for Feb. 10 in Nashville. Pavia will not return to college next season, even if his case is successful. He has declared for the 2026 NFL Draft. However, 25 additional players remain as plaintiffs.
Aguilar took his case to a Knox County court "because the cause of action arose here, where Aguilar played football, seeks to play to play football again, and suffers injuries from the NCAA's unlawful conduct," according to the complaint.
Taking the NCAA to court at a local level has been a popular strategy in recent high-profile cases where athletes are trying to regain or extend their college eligibility.
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Aguilar and Bediako are vying for eligibility in state court.
Trinidad Chambliss , the 23-year-old Ole Miss quarterback, filed his eligibility lawsuit against the NCAA in Calhoun County Circuit Court in Mississippi. Chambliss is seeking to prove that he should be granted a medical hardship waiver for his 2022 season at Ferris State.
Chambliss' motion for a preliminary injunction will be heard Feb. 12. If successful, he would be eligible to play college football in the 2026 season.
Aguilar's legal argument is quite different from Bediako and Chambliss. But Aguilar likely stands a better chance of victory in a Tennessee state court than federal, and he perhaps could still benefit from the Pavia case.
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Adam Sparks is the Tennessee football beat reporter. Email adam.sparks@knoxnews.com . X, formerly known as Twitter @AdamSparks . Support strong local journalism by subscribing at knoxnews.com/subscribe .
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This article originally appeared on Knoxville News Sentinel: Joey Aguilar: Tennessee QB gets restraining order in NCAA eligibility lawsuit
