Multiple sources report that a Brazos County judge ruled in favor of Agee and issued a temporary restraining order that makes the Aggies player eligible to compete this season.
Brown also noted that this case could still go to trial later if the NCAA doesn’t reconsider its initial waiver denial.
Agee and head coach Bucky McMillan were called as witnesses during the proceedings, per Brown.
The 6-foot-6 forward told the court Monday that more than a chance to play another season was on the line.: $1.2 million in NIL funding was also at stake. Agee, 21, stated that he cannot receive payment until deemed eligible for the season, per Brown.
A key point in the case seems to be Agee’s 2019-20 season. His lawyers contended that Agee’s eligibility period should not have begun then since he did not compete in the 2019-2020 season. He was enrolled at New Mexico State and Casper, a junior college.
The attorney cited cases such as Vanderbilt quarterback Diego Pavia’s court ruling, in which he received a sixth year with the Commodores under the NCAA JUCO rule. Pavia played at New Mexico Military Institute in the 2020 and 2021 seasons.
The rule was introduced as a temporary eligibility waiver in late 2024 that permits student-athletes who played at a junior college or another non-NCAA institution and would have used up their eligibility after the 2024-2025 academic year to gain an extra year.
In his collegiate career, Agee has scored 1,058 points and grabbed 650 rebounds over three seasons for USC and Bowling Green.
Agee is expected to be a key part of a retooled A&M roster that McMillan inherited. Upon his hire, the team had only one scholarship athlete. He has since added more than a dozen players.
With the temporary restraining order in effect, Agee can continue practicing with A&M and is expected to play in games, according to Brown.
A&M’s first game of the season is Nov. 3 against Northwestern State.