Tennessee quarterback Joey Aguilar, who has been in search of an additional year of eligibility since the conclusion of the 2025 season, has filed a lawsuit against the NCAA in Knox County Chancery Court. In his complaint, Aguilar seeks a temporary restraining order against the NCAA with the goal of obtaining an injunction that would allow him to play for the Volunteers in 2026.
Aguilar is the latest athlete to sue the NCAA over its eligibility rules, and like the other cases, the Tennessee quarterback’s complaint alleges that those rules deprive him of the opportunity to earn NIL compensation. Aguilar played two seasons of junior college football, which he argues should not count against his eligibility clock.
“If the Court granted Aguilar relief from the NCAA’s JUCO rule in the near term, Tennessee has a spot for him on the roster and would welcome him back,” the complaint says, per the Knoxville News Sentinel. “His compensation for playing college football in 2026 would be approximately $2 million.”
If the court rules in Aguilar’s favor, it would pave the way for him to join the Tennessee roster while awaiting a final ruling on the injunction. The 2026 season would be Aguilar’s second with the Volunteers and fourth at the FBS level. He redshirted in 2019 at the City College of San Francisco, did not play in 2020 when the season was cancelled due to the COVID-19 pandemic, started five games at Diablo Valley College in 2021 and started six games the following year before making his Division I debut in 2023 at Appalachian State.
Aguilar will be 25 at the start of the 2026 campaign.
There is no date set for Aguilar’s hearing, but he seeks a speedy decision as he charts his path forward. The complaint states the need for a timely ruling in order to allow him to either return for spring practices or prepare for the NFL Draft.
Aguilar was the SEC leader last season in passing yards per game and totaled 3,565 on the year, which placed him in third place in Tennessee single-season history. He passed for 24 touchdowns and ran for four more scores while guiding the Volunteers to an 8-5 record.
Tennessee’s offensive outlook hinges on Aguilar ruling
An injunction allowing Aguilar to spend one more year at Tennessee would likely raise the Volunteers’ floor in 2026. The quarterback room in his absence lacks experience and would turn either to George MacIntyre or Faizon Brandon as its starter. Ryan Staub transferred in from Colorado but does not carry the same high-end upside as the former blue-chip recruits in the group.
With Aguilar under center, the Volunteers would benefit from both his experience as a fourth-year FBS starter and his familiarity with the offensive system. Any development between his first and second seasons in the program could help the Volunteers pull out of the SEC’s middle tier and compete more strongly for a College Football Playoff berth.
Diego Pavia case has implications for Aguilar, others
Aguilar was initially a plaintiff in Vanderbilt quarterback Diego Pavia’s lawsuit against the NCAA, which challenges in federal court the legality of counting junior college seasons towards athlete’s five-year eligibility clocks. He was granted voluntary dismissal from Pavia’s suit and is thus no longer tied to the decision. The more than 25 plaintiffs in the Pavia case await a Feb. 10 hearing in which a judge will consider a preliminary injunction that halts the NCAA’s junior college rule.
If the federal court rules against Pavia and the other plaintiffs, Aguilar could still obtain his eligibility through his own lawsuit in state court. If it grants the injunction, further actions could bring additional eligibility to any former junior college player who has yet to play four years of Division I athletics.