Appeals Court Sides With NCAA on Swimmer Eligibility

Athletes covered only by the Wisne class action lose that relief, while those with individual lawsuits keep their own cases.

Updated on Nov. 7, 2026 in Swimming

Appeals Court Sides With NCAA on Swimmer Eligibility

Live Poll

Should college athletes be allowed extra years of eligibility beyond four seasons?

A federal appeals court ruled in favor of the NCAA in the Wisne v. NCAA class-action suit, a case that had granted eligibility to athletes who would have been eligible under new criteria. The ruling does not affect athletes named in individual lawsuits, and LSU swimmer Michaela de Villiers, a 5th-year named in such a suit, has continued competing for the team.

Why it matters

The decision determines whether athletes who finished their college careers can keep competing, which shapes eligibility rules for swimmers and other college athletes nationwide. Individual lawsuits continue to move forward, so the legal picture remains unsettled for many competitors.

The Tenth Circuit Court of Appeals ruled in the NCAA's favor in the Wisne v. NCAA class action, reversing a July district court decision by Judge Charlotte Sweeney that had granted eligibility to graduated seniors. The appeals court first stayed Sweeney's ruling in August before issuing its final decision.

The players

NCAA

The National Collegiate Athletic Association governs college sports eligibility rules and is the defendant in the eligibility lawsuits.

Tenth Circuit Court of Appeals

The federal appeals court that stayed and then reversed the Wisne district court ruling in favor of the NCAA.

Michaela de Villiers

A 5th-year LSU swimmer named in an individual lawsuit against the NCAA who has competed for the team.

The details

The Wisne case was a class action, so its outcome applies to the group of athletes it covers rather than to each athlete individually. Athletes with their own lawsuits against the NCAA were not covered by the ruling and must rely on those separate cases. Michaela de Villiers is one such athlete; she was added to LSU's roster as a 5th-year and has competed in intrasquad and dual meets, winning the 50 and 100 freestyle against Auburn and swimming on both winning relays.

July 2026: Judge Charlotte Sweeney ruled in favor of athletes in Wisne v. NCAA.
August 2026: The Tenth Circuit stayed the Sweeney decision, pausing the ruling.
September 2026: Kentucky athletes were ruled eligible before the NCAA appeal.
Early October 2026: The NCAA won an appeal ruling Kentucky athletes ineligible.
November 6, 2026: The Tenth Circuit officially ruled in favor of the NCAA.

Health Landscape

The Wisne ruling is one thread in a wave of state and class-action lawsuits testing whether graduated college athletes can keep competing, with around 200 state cases involving as many as 850 athletes. For swimmers and other athletes in demanding training programs, eligibility rules shape how long they can spend in college sport and the continuity of their training.

Athletes competing under uncertain eligibility should discuss their training load, recovery, and any injury concerns with their coaches and team physicians as their status changes. Anyone following college sports can expect eligibility news to keep arriving as individual lawsuits proceed.

The takeaway

Eligibility rulings can change quickly and apply differently depending on whether an athlete is in a class action or an individual suit. Athletes and families facing these questions should consult the school's compliance office and their own physician about workload and recovery.