Robbie Avila filed a petition for emergency relief in St. Louis City Court seeking a fifth-year of eligibility at the college level, as first reported by Stu Durando on Sept. 24. The case is now heading to federal court with a hearing on Oct. 13.
This decision comes in the wake of the undrafted senior
signing an Exhibit 10 contract with the Los Angeles Lakers before making two appearances in the NBA’s Summer League.
According to Adam Zagoria of ZAGSBLOG, Avila is already on campus and is enrolled as a graduate student with graduate programs set to begin in the coming weeks.
“I support his ability to try and get eligible,” Saint Louis head coach Josh Schertz told Frank Cusumano. “My hope is from an NCAA standpoint, that class of ’22, the guys who’ve played four years, either all should be eligible or none should be eligible… It shouldn’t be in the court’s hands.”
Just a day later, Avila’s attorneys submitted an application for a change of judge in his case which was subsequently granted with associate circuit judge Christopher McGraugh appointed.
The initial hearing was scheduled for this past Tuesday, Sept. 29 but ended in just one minute as the NCAA had filed for a move to federal court ahead of time.
Though Avila’s attorneys reportedly challenged for a return to circuit court, his case was moved to federal and rescheduled for Oct. 13. Ultimately that means he won’t be available for the Billikens first preseason scrimmage at Nebraska on Oct. 9.
It’s worth noting though that should Avila’s fifth-year of eligibility even be granted, Saint Louis would also need the court to waive NCAA roster limits allowing programs to expand and the Billikens to open up a spot.
With hundreds of athletes from the class of 2022 currently battling lawsuits and seeking that fifth-year, Avila’s attorneys criticized the NCAA for its “arbitrary eligibility determination.”
“Mr. Avila is being irreparably harmed in a manner that will impact the rest of his life and career,” the Sept. 24 filing alleges. “He is being deprived of the opportunity to develop his talents under Division I coaching and training, to compete for a fifth season, and to pursue his goal of reaching the NBA.”
