How new clarity from NCAA on eligibility could impact Wichita State basketball transfer

A chaotic 24 hours in college basketball took another twist on Thursday afternoon through an NCAA memo sent to member schools.

It came one day after a federal judge in West Virginia issued a 14-day temporary restraining order on the NCAA’s transfer waiver process, essentially allowing two-time transfers to play during the two-week window and preventing the NCAA from penalizing schools, in the way of vacating wins, who play those players.

But the NCAA delivered a bombshell in Thursday’s message to member schools, which clarified that now-eligible transfers could lose a year of eligibility by playing during the 14-day TRO if the court order is reversed at the next hearing on Dec. 27.

That contradicted reporting done by Front Office Sports on Wednesday afternoon, which cited an NCAA spokesperson who indicated athletes would not lose a year of eligibility.

While it’s still more likely than not the court ruling will be upheld when the preliminary injunction is heard on Dec. 27, the NCAA’s clarification on the risk of losing eligibility for players who participate during the two-week window now casts doubt on the availability of Ronnie DeGray III, a two-time transfer from Missouri, for the Wichita State men’s basketball team.

Following Wednesday’s news, DeGray, a 6-foot-6 forward, seemed poised to make his season debut on Saturday against Southern Illinois at Koch Arena. Following Thursday’s clarification from the NCAA, it would seem wise for WSU to exercise caution.

“Waiting it out is definitely a reasonable approach when you’re talking about an athlete’s eligibility,” said Mit Winter, a sports attorney in Kansas City. “You would hate for them to use a whole season of eligibility if they played in just two games in a 14-day window. So it’s definitely a reasonable approach, even if you think that the court will grant the preliminary injunction, to just wait until December 27 to see what happens.”

WSU has not yet made its plans for DeGray publicly clear, but WSU head coach Paul Mills is scheduled to meet with local media on Friday afternoon. It is likely WSU will err on the side of caution, sources within the athletic department told The Eagle.

Winter pointed out in order to grant a TRO, a court has to find that there is a likelihood of success on the merits of the underlying claims. Attorneys general in seven states — West Virginia, Ohio, Colorado, Illinois, New York, North Carolina and Tennessee — filed a lawsuit last week that alleged the NCAA’s transfer rules violated federal antitrust law.

If the court grants the preliminary injunction on Dec. 27, then the risk of losing eligibility becomes a moot point because two-time transfers would be allowed to play the rest of the season.

A handful of multi-time transfers made their season debuts on Wednesday, which is a gamble. It’s a gamble that could very well pay off, but it is still a gamble nonetheless.

“If a school really wanted to play someone during this 14-day TRO period, they could take the risk that the court is going to enter that preliminary injunction on December 27,” Winter said. “That would likely be in effect for months, which would cover the end of the basketball season. Some schools might be willing to take that chance.”

WSU only has two games scheduled during the 14-day TRO period, a Dec. 16 game against Southern Illinois and a Dec. 21 game against Kansas State. If WSU waits to see how the case plays out in court, DeGray could become available for the Shockers as early as the Dec. 30 game against Kansas in Kansas City, Mo.

But there’s also a question of whether or not that would be in the best interest of DeGray’s career. He would miss the first 12 games of the season in that scenario, which is approximately a third of WSU’s season schedule.

Is that worth using one of his two years left of eligibility? With WSU shorthanded, playing with just a seven-man rotation so far this season, the team could surely use DeGray’s veteran presence. But those conversations will likely take place with DeGray, his family and the WSU coaches.

The saga might not be over either, according to Winter.

While the NCAA provided its interpretation of how it plans to proceed, the court will also have a say in the matter. Winter said he wouldn’t be surprised if the plaintiffs return to court to test the validity of the NCAA’s power to enforce its eligibility rules.

“The NCAA’s interpretation is now clear. They believe they still have the ability to count it if an athlete plays during the 14-day TRO and then the TRO gets reversed or doesn’t stay in place,” Winter said. “So they think they can do that, but we’ll have to see if the court agrees because I’m assuming the plaintiff’s attorneys might go back to the court now and ask if the NCAA’s interpretation is in line with what the court ordered.”