WVU’s Battle files federal fit over NCAA denial

• Myron Medcalf, ESPN

  • Personnel WriterDec 8, 2023, 08:12 PM ET Close Covers college basketball
  • Signed up with ESPN.com in 2011
  • Graduate of Minnesota State University, Mankato

West Virginia guard RaeQuan Battle filed a federal lawsuit against the NCAA on Friday and asked a judge to issue a short-lived restraining order in his effort to get instant eligibility to play.His attorneys have accused the NCAA of weaponizing waiver demands with irregular evaluations.The NCAA rejected Battle’s preliminary waiver demand to play after moving in the spring from Montana State, his 2nd school. Last month, the appeal West Virginia filed on his behalf– players who move twice need a waiver to play right away at their next school– was also rejected, months after the NCAA announced a more stiff list of guidelines for players seeking waivers. Those standards consisted of proof that a transfer would boost a player’s psychological health if it had been” impaired”at a previous school.In his waiver demand, Fight (17.7 points per game at Montana State in 2022-23)said his transfer to West Virginia was useful to his mental health, the byproduct of a traumatic stretch over the last few years. Battle, one of the couple of Indigenous Division I basketball players, has actually also accused the NCAA of neglecting Native American communities.Editor’s Picks The complaint alleges that Battle’s name, image and similarity chances have been jeopardized by the waiver denial.

“For the factors mentioned above, Complainant asks this Court to judge, hold, and state that he has a financial right

to market and certify his name, image and likeness,”mentioned the grievance submitted on Battle’s behalf in the U.S. District Court for the Northern District of West Virginia by attorney Rocky Gianola. “For the factors mentioned above, Plaintiff asks this Court to judge, hold, and declare that he has a right to attend West Virginia University. For the factors stated above, Complainant asks this Court to judge, hold, and state that he has a right to play on the varsity basketball team at West Virginia University. For the reasons mentioned above, Complainant asks this Court to judge, hold, and state that he has a right to be dealt with fairly by the NCAA.” Other players in Battle’s position have gained immediate eligibility by means of the legal process.North Carolina receiver Tez Walker missed the very first 4 games of the 2023 season after his waiver demand had been rejected. Walker had actually stated he wished to move closer to home due to his mental health. Following UNC’s vocal criticism of

the NCAA decision and the threat of a lawsuit, the NCAA made Walker qualified after finding “brand-new info. “Battle, who grew up on an appointment in Washington, said he left Montana State after former head coach Danny Sprinkle, a coach who assisted him with his mental health, took another job. He said West Virginia’s Josh Eilert, the interim head coach who has actually likewise lived on a Native American appointment, plays that role for him with the Mountaineers.”As part of his application and subsequent appeals, Complainant provided several pieces of proof that his psychological health conditions impaired Complainant’s daily function at his previous school and required his transfer to WVU,”the problem states.”However, the NCAA summarily denied Complainant’s waiver for what can only be arbitrary and capricious factors. Upon details and belief, the NCAA did not have any physician or other independent expert or expert assess Plaintiff’s application.”