CHARLESTON – The West Virginia Supreme Court has denied the NCAA’s requests to halt a lower court order allowing former West Virginia University football player Jordan Scruggs to compete this season and to fast-track its appeal.
The court’s October 30 order rejected both the NCAA’s motion for a stay and its motion to expedite. The decision leaves the preliminary injunction undisturbed but does not resolve the NCAA’s challenge to the ruling or the underlying eligibility lawsuit.
Justices Bill Wooton and Bill Flanigan would have granted expedited review, according to the one-page order. The court gave no explanation for denying either request and noted that no response had been filed.
The NCAA filed its notice of appeal September 10 challenging a September 1 written order from Monongalia Circuit Judge Michael D. Simms, who had granted Scruggs a preliminary injunction August 17 allowing him to compete in Division I football during the 2026-27 season and use the NCAA transfer portal while his lawsuit proceeds.
Scruggs, a defensive back who played for WVU in 2025 before joining Maryland, sought another season after the NCAA determined he had exhausted his eligibility. His college career included a redshirt year at Washburn and seasons at Central Missouri, Hutchinson Community College, South Alabama and WVU.
The dispute centers on the NCAA’s decision to count Scruggs’ season at Hutchinson toward its four-season competition limit. Scruggs challenged the denial of another season after the association granted a blanket waiver to certain athletes whose previous participation at non-NCAA schools affected their eligibility.
That waiver, adopted after litigation brought by Vanderbilt quarterback Diego Pavia, covered the 2025-26 academic year. Scruggs is seeking eligibility for 2026-27.
Simms found Scruggs had shown a likelihood of succeeding on his claim that the NCAA treated him arbitrarily. According to the Record’s account of the injunction, the judge found the NCAA had not explained why the difference in academic years justified treating Scruggs differently from athletes who received the waiver.
The judge also found Scruggs risked losing potential name, image and likeness compensation, revenue-sharing opportunities, athletic development and exposure to professional scouts if he could not play while the case was pending.
The NCAA argues that its bylaws do not guarantee an eligibility waiver and that Scruggs cannot enforce them as an intended beneficiary. It also contends Simms improperly allowed a claim for breach of the implied covenant of good faith and fair dealing without an underlying contractual breach.
The association further argues that the injunction conflicts with the state Supreme Court’s 2001 decision in Hart v. National Collegiate Athletic Association. Simms distinguished that case, pointing to the economic opportunities now available to college athletes, including NIL compensation.
Beyond allowing Scruggs to play, the preliminary injunction bars the NCAA from penalizing him or a member school for conduct authorized by the order. The NCAA sought accelerated review because the dispute concerns the current football season and, it argued, the passage of the season and transfer opportunities could make the case effectively moot.
In seven games with the Terrapins this season, Scruggs has recorded 12 solo tackles, four assisted tackles, one tackle for loss and two pass deflections.
West Virginia Supreme Court of Appeals case number 26-550
