BRYAN, Texas (KBTX) – Texas A&M men’s basketball transfer Rashaun Agee was granted a court injunction Friday granting him immediate eligibility in what would be his fifth collegiate season, according to court documents obtained by KBTX.
The petition for the temporary restraining order against the NCAA was filed in Brazos County Friday, hours before the ruling was made. The order will allow Agee to be a full participant with the A&M men’s basketball team until, at least, the scheduled court hearing for the injunction on Oct. 9.
“It’s very similar to the [Vanderbilt quarterback Deigo] Pavia case,” Boise State sports law professor Sam Ehrlich told KBTX. “It’s very similar to so many of these other cases that we’ve seen. I think that’s a big reason why it was able to win.”
The Aggies have an exhibition game against Arizona State in Rosenberg, Texas on Oct. 26 and open the season in Reed Arena against Northwestern State on Nov. 3.
The petition, filed at 10:40 a.m. Friday, says the NCAA refused to allow Agee to compete for the 2025-26 season, even after filing for a waiver through the organization.
Attorneys representing Agee argued that the 6-foot-7 forward deserves additional eligibility due to a situation that arose during his freshman season while with New Mexico State. Agee joined the New Mexico State program as an academic non-qualifier, but was also enrolled part time at Dona Ana Community College. New Mexico State coaches told Agee he would be eligible to play for their team, despite the dual-enrollment situation, according to the petition. The NCAA ultimately said this counted as a year of eligibility used at the junior college level.
The year before his first season with New Mexico State, Agee suffered a season-ending knee injury. The following season, 2020-21, was sidetracked again by injury and then the COVID-19 pandemic.
With injury redshirts and the blanket COVID-19 waiver, Agee transferred to A&M believing he had used three seasons of eligibility, according to the petition.
The petition cited Vanderbilt quarterback Diego Pavia’s court victory this summer, allowing him to gain eligibility back for years he spent in junior college.
Judge George Jerrell Wise issued the injunction hours later on an ex parte basis, meaning notice had not yet been given to the NCAA that a petition had been filed. Per the injunction, the NCAA cannot enforce any eligibility rules or issue any sanctions against Agee and Texas A&M.
According to Ehrlich, Agee is the first men’s basketball player to be granted eligibility via this kind of injunction.
“I wouldn’t say it’s incredibly rare [for injunctions to be issued this quickly], especially incredibly emerging cases,” Ehrlich said. “I think it really does speak to, for one, this judge was able to work very quickly… he clearly saw the need to make this happen very quickly, without giving the NCAA a chance to respond or perhaps not even see the case.”
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