Joey Aguilar has 2026 roster spot at Tennessee, lawsuit states

Tennessee football has a roster spot and NIL money in place for quarterback Joey Aguilar to return to the Vols, should Aguilar be awarded another season of eligibility in his lawsuit against the NCAA.

The lawsuit was filed Friday in Knox County Chancery Court, according to documents obtained by On3 on Monday.

“If this Court grants Aguilar relief from the NCAA’s JUCO rule in the near term,” the complaint read, “Tennessee has a spot for him on the roster and would welcome him back.

“His compensation for playing college football in 2026 would be approximately $2 million. So by counting his JUCO years against him, the NCAA is depriving Aguilar of millions of dollars.”

Aguilar is seeking an emergency temporary restraining order against the NCAA, with the complaint explaining the need for an immediate answer.

“Aguilar needs relief now to know whether he should report to spring practice or prepare for the NFL draft,” the lawsuit stated.

Aguilar has played only three years of Division I college football, spending two seasons at Appalachian State before transferring to Tennessee last April. He played two seasons at Diablo Community College in California, in 2021 and 2022, before beginning his NCAA career.

The lawsuit noted Aguilar’s season with the Vols as the only time he has been able to earn “significant money” playing football, making more than $1 million from the 2025 season.

“The 2025 season also marked the first time that Aguilar earned significant money for playing football,” the lawsuit stated. “From 2019 to 2023, he earned nothing. But in one season at Tennessee, Aguilar earned over $1 million.”

Aguilar threw for 3,565 yards and 24 touchdowns in 13 games as Tennessee’s starting quarterback. The Vols are currently set to enter the 2026 season with redshirt freshman George MacIntyre, freshman Faizon Brandon and Colorado transfer Ryan Staub as its options at quarterback.

Aguilar would be immediately viewed as the starting quarterback for Tennessee in 2026 should he be given another season of eligibility. The complaint argued the lack of such guarantees in the NFL.

“The other, less quantifiable, and irreparable harms to Aguilar’s career are substantial as well,” the lawsuit argued. “The NFL is never a guarantee for any college football player. And whether and when a player is drafted is crucial: It can mean the difference between a contract worth tens of millions of dollars, a contract for the league minimum ($840,000), or the end of a player’s ability to earn money from his athletic talents altogether.

“A fourth full season would let Aguilar bolster his resume for the NFL and substantially raise his draft stock.”

Aguilar underwent surgery in early January to remove a benign tumor from his arm. NFL Network’s Ian Rapoport reported at the time that Aguilar played through pain last season with the tumor “pushing on his biceps tendon and labrum, causing weakness and pain,” adding that the recovery time was expected to be eight weeks.

The lawsuit reported that Aguilar “expects to make a full recovery soon.”

“Aguilar accomplished what he did for Tennessee in 2025 despite playing hurt for most of the season,” the complaint read. “Though he did not disclose his injury until after the season ended, Aguilar played with a benign tumor on his arm, which caused him substantial pain and weakened his throwing strength.”

Joey Aguilar given voluntary dismissal as plaintiff in Diego Pavia lawsuit

Aguilar was previously one of 26 plaintiffs that were added to the Diego Pavia lawsuit, which last year won the Vanderbilt quarterback another season of eligibility because of his JUCO past. It was reported last week that Aguilar has been granted a voluntary dismissal as a plaintiff in the Pavia lawsuit.

He also hired his own representation for the new lawsuit against the NCAA.

“Left watching the clock run out on his last opportunity to play college football and earn substantial compensation for it, and with new counsel, Aguilar voluntarily dismissed himself from the Pavia lawsuit on January 29, 2026,” the lawsuit stated. “He now seeks to vindicate his rights in this Court. As quickly as possible, he will ask this Court for emergency relief and a hearing on whether the NCAA can use its JUCO rule to ban him from playing college football in 2026.”

The lawsuit argues, like others have before, that junior college football is not part of the NCAA and should not be counted against NCAA eligibility, claiming the NCAA denying eligibility is a violation of antitrust laws.

“After a breakout season as the Volunteers’ quarterback in 2025, the NCAA is blocking Aguilar from playing a fourth year of Division I football, depriving Tennessee of a gifted quarterback and robbing Aguilar of millions in compensation,” the complaint read. “ … As courts across the country have recognized, this arbitrary and anticompetitive behavior against former JUCO athletes by the entity that has a monopoly on college sports is illegal.”

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