Report: Diego Pavia's attorney files amended complaint against NCAA's JUCO rule, Joey Aguilar added as plaintiff

Vanderbilt quarterback Diego Pavia’s attorney has filed an amended complaint against the NCAA’s JUCO rule, Front Office Sports’ Amanda Christovich reported. Tennessee quarterback Joey Aguilar is also added to the lawsuit as one of the new plaintiffs.

The expectation was multiple new plaintiffs would be added to the suit, FOS previously reported. Pavia has previously said he is not seeking another year of eligibility, but adding plaintiffs would allow them to benefit from a potential rule change.

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Aguilar is one of a handful of new plaintiffs. Vanderbilt receiver Tre Richardson and Virginia Tech linebacker James Djonkam were also expected to be added, according to FOS. Both players began their respective careers at the JUCO level, as well.

Aguilar began his college career at the junior college level at Diablo Valley Community College in California from 2021-22 before arriving at Appalachian State in 2023. He then entered the transfer portal after the 2024 season and committed to UCLA, but after the Bruins added former Tennessee quarterback Nico Iamaleava, Aguilar re-entered the portal and committed to Tennessee.

Through 10 games on Rocky Top, Aguilar is putting up strong numbers. He is completing 66% of his passes for 2,941 yards and 22 touchdowns, to 10 interceptions, heading into this week’s matchup against Florida in primetime.

More on the Diego Pavia suit

Diego Pavia received a sixth season of eligibility following a preliminary injunction late last year as a result of his suit against the NCAA. He argued his time at New Mexico Military Institute should not count against his eligibility. As his attorneys worked to make it a class-action case, though, the Vanderbilt quarterback said he does not intend on playing another year at Vanderbilt.

In September, a hearing took place in the U.S. Court of Appeals for the Sixth Circuit in which Diego Pavia’s attorneys threatened to stack a challenge to the redshirt rule. They also said they would ask for another injunction that would allow Pavia to play again in 2026, according to sports law professor Sam Ehrlich. Pavia took to social media to make it clear 2025 would be his final season.

“A big part of the hearing was about whether the NCAA’s appeal was moot, meaning that the appellate opinion wouldn’t actually affect anything and thus doesn’t really matter, because Pavia would still be able to play for 2025 based on the waiver, and the appeal is on an injunction based on that waiver,” Ehrlich told On3’s Pete Nakos. “Pavia’s attorney argued that the appellate decision is still relevant because if the court finds that the rules are commercial and thus subject to antitrust law, he’ll be filing for a new injunction or an expedited trial schedule at the district court seeking to play 2026 as well.

“It makes sense given that his attorney is also involved in the new class action lawsuit challenging the four seasons rule overall, and Pavia would be seeking — if you take the JUCO year out of the picture — his fifth season in five years.”