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NCAA appeals eligibility case for 4 WVU athletes

By JUSTIN JACKSON 3 min read
Benjamin Powell/The Dominion Post Brenen Lorient averaged 11.9 points and 5.2 rebounds per game last season for the Mountaineers.

The case involving the eligibility status of West Virginia defensive back Jason Chambers, basketball players Brenen Lorient and Javan Buchanan and baseball pitcher Ben McDougal will head for another court room.

The NCAA filed a Notice of Appeal on Friday and the appeal will now be heard by the United States Court of Appeals for the Fourth Circuit in Richmond, Va. No date has been set, as of yet, for the appeal hearing.

On Sept. 24, the five WVU athletes appeared before United States District Court Judge John Preston Bailey and argued they should be permitted college eligibility for the 2026-27 school year, based on the NCAA's 5-for-5 rule the organization passed.

The rule, passed on June 23, did not permit athletes who were already college seniors during the 2025-26 school year to receive an extra season of college eligibility.

On Sept. 30, Judge Bailey ruled in favor of the WVU athletes, granting them a temporary restraining order against the NCAA's rule, which allowed them to practice and compete immediately.

Chambers, a native of Charlotte, played for the Mountaineers in Saturday's 45-42 loss against Iowa State and finished with four tackles.

As for Lorient, Buchanan and McDougal, their seasons have not yet begun, but all three athletes are currently practicing for their WVU squads.

While the NCAA has filed an appeal, all four athletes will continue to be eligible to play and practice under the requirements of the restraining order until a decision is made by the United States Court of Appeals for the Fourth Circuit.

The WVU men's basketball season begins on Nov. 2, when the Mountaineers host Niagara.

As for what could happen next, one major precedent has already been set. In August, the NCAA won a stay by the United States Court of Appeals for the Tenth Circuit in the class-action lawsuit Wisne v. NCAA.

In that case, a lower court also ruled in favor of college athletes, granting them temporary relief from the NCAA's rule, but the NCAA won the appeal.

West Virginia men's basketball coach Ross Hodge was asked during a preseason press conference about how Lorient's and Buchanan's situation could be fluid, in that they could be eligible one day, but not the next.

"I've mentioned all along when we decided to go down this route with both of those guys that both of them had compelling arguments," Hodge replied. "If we didn't feel that way, we wouldn't have done it. You just have to let the legal process play out."

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