By Madeline Folsom on SwimSwam
On Friday afternoon, an Indiana court issued a Temporary Restraining Order for NCAA eligibility, granting a group of Indiana athletes, including swimmers Zalan Sarkany and Owen McDonald, a 5th year of eligibility pending a hearing with the NCAA on September 11th.
This lawsuit is the latest in a line of suits filed by athletes from the high school class of 2022 who completed their four years of eligibility before the NCAA instituted the new “five-for-five” policy.
In July, a federal judge in Colorado granted a sweeping 5th year of eligibility to all athletes from the class of 2022, but in late August, the Tenth Circuit stayed the injunction.
This meant that athletes who were attempting to use eligibility under that court case would no longer receive a 5th year, but any athletes who were part of their own lawsuits would still be eligible if a court ruled in their favor.
Following that result, a group of eight Indiana University athletes filed a lawsuit for an additional year, and on Friday, a judge granted them a temporary restraining order stating that “The Court finds that Plaintiffs have demonstrated a probable right to relief and that the threatened injury outweighs any temporary burden imposed by this Order pending an expedited hearing.”
The TRO “temporarily restrains and enjoins” the NCAA and “all persons acting in concert or participation with them” from prohibiting the plaintiffs from competing for the season.
It also states that the NCAA is required to open the transfer portal for the athletes for one week from today, though athletes do not have to transfer.
The TRO does not include any language about scholarships or roster limits, which means athletes would still be bound by those restrictions at whatever school they compete for.
McDonald and Sarkany are the first swimmers involved in one of these lawsuits. Both were huge point scorers for the Indiana men. McDonald scored 30.5 points after he finished 2nd in the 200 IM and 5th in the 100 back at the 2026 NCAA Championships and Sarkany scored 29 points with his 2nd place finish in the 1650 free, 4th place finish in the 500 free, and 10th place finish in the 400 IM.
There have been a number of similar lawsuits since June when the NCAA unanimously approved the new “five-for-five” eligibility policy allowing athletes to compete for five years, though the policy explicitly stated that athletes who exhausted their eligibility before the start of the 2026-2027 school year would not be able to compete under the new rules.
One such lawsuit involves a group of 16 football players attempting to gain another year at LSU despite some of them having signed professional NFL contracts.
That court case also went in the athletes’ favor, with a Louisiana judge approving an injunction that would allow them to compete in a fifth season.
The SEC filed a lawsuit in return against LSU for the decision, stating that the school was “violating the league’s First Amendment right of expressive association by ignoring SEC rules that prohibit signing and playing former NFL players.”
LSU leadership has 21 days to formally answer the complaint, but the athletes are currently eligible to compete tomorrow in LSU’s opening game against Clemson.
The other athletes in the Indiana lawsuit include football players Stephen Daley and Kellan Wyatt, basketball players Malik Reneau — who played for Miami (FL) last season– and Yohan Traore — who played for Butler — and women’s volleyball player Avry Tatum.
Read the full story on SwimSwam: Owen McDonald and Zalan Sarkany Among Group of Indiana Athletes Suing NCAA For Additional Eligibility
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