In a significant development for college sports, Tennessee's quarterback Joey Aguilar is set to appear in court next month alongside 25 other former junior college athletes, as they seek an additional year of eligibility stemming from the Diego Pavia lawsuit. This preliminary injunction hearing is scheduled for February 10th and will be presided over by Chief Judge William L. Campbell.
Currently, without Aguilar, the quarterback lineup at Tennessee has been reduced to redshirt freshman George MacIntyre and freshman Faizon Brandon, especially after backup quarterback Jake Merklinger entered the NCAA Transfer Portal, leaving the future of the position uncertain.
In a noteworthy move, former Arizona State quarterback Sam Leavitt visited Tennessee recently, marking him as the first quarterback the Volunteers are looking to recruit from the Transfer Portal.
When pressed about his plans for the 2026 season during recent press conferences, Aguilar has been rather noncommittal. "I’m excited to go out there and play one more time for this team," he expressed before the Music City Bowl at Nissan Stadium, adding, "I’m super grateful for the coaches, community, and players for accepting me in."
On December 26, it was reported that Aguilar had joined 25 fellow junior college players as plaintiffs in the Pavia lawsuit. In their court documents, they are seeking another year of eligibility based on an extension of the ruling that previously allowed Pavia to compete this season.
The group’s filing highlights their request for "immediate injunctive relief" to prevent the NCAA from enforcing its Intercollegiate Competition Rules that would bar these players from participating in NCAA Division I football during the 2026-27 and/or 2027-28 seasons, arguing that such enforcement would violate Section 1 of the Sherman Antitrust Act.
Specifically, the plaintiffs are asking the court to extend the waiver granted to Pavia, which allowed him to play for Vanderbilt this season. Pavia notably led the Commodores to achieve a historic 10-win season and was a Heisman Trophy finalist after impressive statistics that included 3,539 passing yards and 29 touchdowns, along with 862 rushing yards and 10 touchdowns.
The legal filing on December 26 sought to replicate the ruling that permitted Pavia to compete during the 2025-26 season, stating: "Plaintiffs in this case are all similarly situated to Pavia in that they began their collegiate football careers at junior college before transferring to NCAA Division I schools. They seek the same relief that Pavia obtained, which the NCAA has denied them thus far."
It further criticized the NCAA for drafting its waiver to expire at the end of the 2025-26 season instead of lasting through the duration of the ongoing legal case.
The document emphasized, "While the current college football season is winding down, the case itself is still ongoing. The existing status quo permits former junior college players to participate in NCAA Division I football without regard to their years of eligibility or prior seasons of competition at junior college. The plaintiffs are requesting the court to judicially extend the waiver issued by the NCAA in light of this court’s previous ruling until the conclusion of the case."
Aguilar, who hails from Antioch, California, previously played two seasons at Appalachian State, where he amassed 6,760 yards, 56 touchdowns, and 24 interceptions across 25 games. This past season alone, he threw for 3,444 yards and 24 touchdowns. Before his time at Appalachian State, he played two seasons at Diablo Community College in California during 2021 and 2022 before making the transition to a four-year institution.
Since the news broke about his involvement in the Pavia lawsuit extension, Aguilar has kept a low profile regarding the matter and has shown uncertainty about his future, at least publicly, when discussing next season's plans. "My answer is still my answer," he stated on December 16, emphasizing his focus on the current season while considering his future ambitions.
