JMU won’t proceed with lawsuit against NCAA for football team

PORTSMOUTH, Va. (WAVY) — James Madison University says it won’t proceed after all with a potential lawsuit against the NCAA for denying JMU’s football team postseason opportunities.

This comes after powerful Virginia politicians threatened legal action over the matter, with Virginia Senate President pro tempore Louise Lucas even threatening to “go to war” with the NCAA. Virginia Attorney General Jason Miyares, a JMU alum, had hinted to the media on Saturday that a lawsuit against the NCAA could come this Monday, but that was before JMU suffered its first loss of the season, an overtime 26-23 thriller against Appalachian State.

“JMU’s president and senior administration, upon advice of and in consultation with the Attorney General’s office and outside counsel, decided to hold off based on the result of last week’s game and the timing involved. The university is continuing to pursue all avenues to get into a postseason bowl game,” read an initial statement Tuesday night from JMU first reported by the Daily News Record.

JMU later in an updated statement said the decision was made in consensus with the AG’s office and outside counsel to not move forward.

Going forward, the NCAA could still ultimately decide to change course and grant JMU’s waiver request to play in their conference championship game and a lucrative New Year’s Six bowl, but both of those doors appear to be closed for good with Tuesday’s announcement.

JMU’s currently ineligible for both opportunities due to the NCAA’s rule for teams transitioning up from FCS to FBS. JMU’s currently in the second year of that transition process, and in its appeal emphasized how they’ve played a full FBS schedule both years, unlike previous teams that have transitioned up.

The Dukes however are 10-1 and No. 24 in the Associated Press poll despite the 26-23 overtime loss to Appalachian State on Saturday. They still have a chance to win the Sun Belt East division title (at least on paper) if they beat Coastal Carolina in their regular season finale on Saturday. It’s also increasingly likely they’ll also play in a bowl game this year, just not a New Year’s Six.

The Dukes need 11 of the 24 teams who are a game away from bowl eligibility (6-6) to lose on Saturday to reach a bowl.

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