Judge Grants Fifth Season Eligibility to Boise State Runners

Federal Judge Clears Boise State Runners for Pac-12 Race After NCAA Lawsuit

Just hours before the Pac-12 Cross Country Championships, a federal judge cleared four Boise State University runners to compete, delivering a major victory in their legal fight against the NCAA’s new eligibility rules. On October 29, U.S. District Judge David C. Nye granted a temporary restraining order and preliminary injunction, allowing Kaiya Robertson and Nanette Novak to race the next day. They finished second and sixth, respectively, helping Boise State secure second place in the women’s team standings, as reported by The Arbiter, Boise State’s student newspaper.

The lawsuit, filed on the grounds of a breach of NCAA bylaws and a violation of federal antitrust law, centers on a rule change that eliminated the traditional four-year eligibility window. Under the new age-based model, athletes who used their fourth and final season in 2025-26 were not granted a fifth year of competition, a transition that left the Boise State runners without a path to continue competing. Their case is part of a larger, nationwide legal challenge to the NCAA’s policies.

The Race Against the Clock

The timing of the ruling was as critical as the decision itself. Judge Nye heard testimony on October 28 and issued his order on October 29, giving head coach Pat McCurry until 3 p.m. to finalize his team for the Pac-12 Championships the following day. The court’s intervention was not a full victory but a preliminary finding that the runners are “likely to succeed on the merits” of their case. The detailed explanation is still to come, but the immediate effect was undeniable: the athletes could compete.

Judge Grants Fifth Season Eligibility to Boise State Runners

For Robertson and Novak, the uncertainty had been grueling. “It was 50-50,” Novak told The Arbiter, Boise State’s student newspaper. “We were just trying to mentally lock in and have the race mindset, but it’s so weird not actually knowing if you’re gonna race or not.” That uncertainty lifted just in time. Robertson finished the 6K race in 19:59.2, just 2.2 seconds behind Washington State’s Nelly Jemeli, the event winner. Novak crossed the line in 20:15.2 for sixth place.

A National Fight Over Eligibility

The Boise State case is not an isolated incident. It mirrors a broader legal battle unfolding across the country. In July, U.S. District Judge Charlotte Sweeney in Colorado certified a nationwide class of athletes in a similar position and issued an injunction granting them a fifth year. However, a panel of the U.S. Court of Appeals for the Tenth Circuit put that injunction on hold in August, creating a confusing and high-stakes legal situation for student-athletes.

This created a patchwork of rulings. While athletes in some states, like California, Georgia, and Tennessee, saw favorable decisions, others faced renewed ineligibility. The Boise State case, which falls under the Ninth Circuit, represents a significant win in this ongoing fight. The NCAA is barred from penalizing the athletes, their coaches, or Boise State for allowing them to compete, even if the NCAA ultimately wins the case.

“There was so much pressure on Kaiya and Nanette stepping in during this situation and they handled it wonderfully,” head coach Pat McCurry told The Arbiter.

What’s Next for the Runners and the NCAA

While the immediate crisis is over for these four athletes, the legal battle continues. The injunction is preliminary, and the case goes on. The full explanation for the judge’s decision is expected in the coming weeks. For now, the focus shifts to the next races. Boise State’s cross country team is scheduled to compete at the NCAA West Regional in Sacramento, Calif., on November 13, with the NCAA Championships to follow in Terre Haute, Ind., on November 21.

The outcome of this case could have far-reaching implications for the NCAA and its approach to athlete eligibility. The core argument pits the association’s authority to set its own rules against the athletes’ claim that those rules are arbitrary and violate antitrust laws. For the Boise State runners, the fight was about more than just one more season; it was about the value of hard work and the right to compete based on the rules they believed they had earned.

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