ST. LOUIS — Saint Louis University basketball player Robbie Avila is asking a federal court to restore his eligibility for a fifth college season, challenging an NCAA policy that excludes some athletes who began their careers in 2022 from the association’s new five-seasons-in-five-years framework.
Avila, an SLU graduate student who previously played two seasons at Indiana State and two with the Billikens, initially filed his case September 24 in St. Louis Circuit Court. The NCAA removed the lawsuit to federal court, where a hearing is scheduled for October 13.
The lawsuit seeks emergency relief that would allow Avila to play for SLU during the 2026-27 season. It also seeks an exemption from NCAA roster limits because Saint Louis has no available spot for him on its 15-player roster, according to the complaint.
“SLU wants Avila on its roster for the 2026-27 season, and Avila wants to play for SLU,” the complaint says. “The only impediment is the NCAA’s arbitrary and unlawful refusal to grant Avila eligibility.”
Avila’s suit is part of a growing wave of litigation by athletes from the high school class of 2022 who used four seasons of competition in four years but contend they should be eligible under the NCAA’s revised rule. The College Sports Litigation Tracker identifies Avila’s case as a challenge to the exclusion of those four-for-four athletes, as well as to roster limits.
The lawsuit alleges the NCAA’s decision violates contract, antitrust and name, image and likeness law, among other claims. Avila seeks declaratory and injunctive relief, damages and protection from potential NCAA penalties against a school that allows him to play, according to the litigation tracker’s summary of the complaint.
Avila’s attorneys contend the ruling has immediate professional consequences. The filing says he has drawn interest from Division I programs that have roster openings and are prepared to offer substantial compensation if he is ruled eligible. It argues that without the NCAA’s decision, he would be on a Division I roster.
“Mr. Avila is being irreparably harmed in a manner that will impact the rest of his life and career,” the petition says. “He is being deprived of the opportunity to develop his talents under Division I coaching and training, to compete for a fifth season, and to pursue his goal of reaching the NBA.”
Avila previously sought similar relief in Illinois, where a judge dismissed the case for lack of jurisdiction. He later refiled in St. Louis, where he is enrolled and where Saint Louis would be affected by an eligibility ruling.
Saint Louis coach Josh Schertz said he supports Avila’s effort to regain eligibility but questioned why the issue is being resolved through court challenges.
“I support his ability to try and get eligible,” Schertz said. “My hope is from an NCAA standpoint, that class of ’22, the guys who’ve played four years, either all should be eligible or none should be eligible. It shouldn’t be in the court’s hands.”
The federal hearing is set after Saint Louis’ October 9 preseason scrimmage at Nebraska, meaning Avila will not be available for that event. A favorable ruling still would require relief from the roster cap before he could return to the Billikens.
Avila went undrafted in the 2026 NBA Draft and signed an Exhibit 10 contract with the Los Angeles Lakers, which gave him a Summer League and training-camp opportunity. He appeared in two Lakers’ Summer League games, including a July 6 California Classic start against San Antonio, when he had two points, one rebound and two assists in 14 minutes.
An Exhibit 10 deal is a non-guaranteed NBA contract that can lead to training-camp consideration, a two-way contract or a G League opportunity.
