Buchanan, Lorient challenge NCAA’s 5 for 5 rule in court
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MORGANTOWN — The case for WVU men's basketball player Javan Buchanan to earn a fifth year of college eligibility now has a co-plaintiff in former WVU forward Brenan Lorient.
Both players filed a complaint against the NCAA in the Northern District of West Virginia on Monday, with both players seeking a fifth season of eligibility.
Court documents were released on Tuesday and both players are seeking an injunction against the NCAA from the organization being able to enforce its new age-based eligibility rule - known as the 5 for 5 rule - which would not allow Class of 2022 recruits to be part of that rule.
"The Plaintiffs, by counsel, bring this action and seek temporary, preliminary, permanent, and declaratory relief prohibiting Defendant National Collegiate Athletic Association ("NCAA") from enforcing arbitrary and capricious decisions, breaching its contracts with its member institutions, and preventing them from participating in college sports," the court document stated.
The 5 for 5 rule allows all college athletes who were underclassmen during the 2025-26 school year an extra season of eligibility, but seniors who had already used their four years were made exempt from the ruling.
All incoming college freshmen athletes, as well as future incoming athletes will be granted five years to play five seasons of college athletics under the rule that was passed on June 23.
Buchanan signed to play at WVU in April after completing two seasons at Boise State, as well as two seasons at the NAIA level. He filed a waiver with the NCAA seeking a fifth year of eligibility, arguing the two years at the NAIA school should not have counted against his Division I eligibility. Buchanan averaged 12.6 points and 5.0 rebounds per game at Boise State last season.
That waiver was denied in April, according to the lawsuit. WVU and Buchanan filed for an appeal, which was denied in June.
“At this point, it’s out of the waiver process completely,” Hodge said last week about Buchanan. “The next phase is the legal process. There isn’t a hearing date or anything set yet. Obviously, we are in communication with him on those things. That part, specifically, that’s kind of through the individual and his representation. You’re allowing them to handle that as much as they can, while you are supporting them in that process.”
Lorient, meanwhile, did play four years at Division I schools. He played two seasons at Florida Atlantic, before transferring to North Texas in 2024 to play for Ross Hodge. He followed Hodge to WVU last season, where he averaged 11.9 points and 5.2 rebounds per game as a senior.
Lorient's argument for a fifth year of eligibility would be simply that the Class of 2022 should not be exempt from the NCAA's 5 for 5 rule, which is a similar argument being made in other cases challenging the NCAA across the country.
This past weekend, a Colorado judge granted an injunction allowing players in the 2022 high school recruiting class to be eligible for the 2026-27 season, as long as they had not already signed with a professional team.
The NCAA is currently appealing that decision and the case is expected to be heard by the Tenth Circuit Court of Appeals at a future date.
If the NCAA wins that appeal, Buchanan and Lorient's case can still continue. If the Tenth Circuit rules against the NCAA, it's likely Buchanan and Lorient will drop their case.
Lorient and Buchanan are being represented by Devon Stewart, James A. Gianola, David M. Jecklin and Bradford J. Deitzler from Lewis Gianola LLC.