AP photo RaeQuan Battle (21) is now eligible to play for WVU's men's basketball team after a federal judge granted a temporary restraining order against the NCAA, barring it from enforcing its transfer rules.

College student-athletes unable to play in games due to the NCAA’s transfer rules will be able to compete for the next 14 days due to a federal judge’s ruling Wednesday in Wheeling. U.S. District Court Judge John Preston Bailey granted a temporary restraining order against the NCAA, barring the association from enforcing a rule barring student-athletes who have transferred multiple times to play immediately at their current school.

Bailey also prohibited the NCAA from enforcing its rules of restitution for the next 14 days.

When Charleston attorney Ben Bailey, who was representing the NCAA on Wednesday, asked for clarification on the decision, Judge Bailey responded, “The only thing I am saying is that you can’t make a player sit out a year for these 14 days.”

The next hearing on this matter will be held at 10 a.m. Dec. 27 at the federal courthouse in Wheeling. At that hearing, Judge Bailey will consider the states’ motion for a preliminary injunction to extend the order until a full trial can be held.

In a statement released Wednesday, the NCAA said it would not enforce the year-in-residency requirement for multiple-time transfers

This ruling has a direct effect on West Virginia University’s men’s basketball team. Both RaeQuan Battle and Noah Farrakhan had been prohibited from playing this year after the NCAA denied their transfer waiver requests.

In a statement released Wednesday afternoon, WVU’s athletic department said it was consulting with the university’s general counsel and outside counsel on next steps “prior to making a determination on the eligibility status of any of our student-athletes.”

‘”We will discuss this with our student-athletes to make the best decision possible taking into consideration the potential consequences of our decision,” the statement read.

WVU has three games in that 14-day window – at Massachusetts on Saturday and at home against Radford on Dec. 20 and against Toledo on Dec. 23.

Battle’s attorney Rocky Gianola said they were still trying to determine whether players would face any repercussions from the NCAA for playing during the 14 days.

“I don’t think the institutions will be punished for letting them play,” explained Gionala. “But it’s not clear whether or not the athlete will forfeit any eligibility, or that there’ll be any retribution if they do. I think that’s what we have to figure out in the next couple of days.”

While pleased with the decision, Gianola noted the NCAA “needs to look at the harm they’re causing.”

“They need to see what we’re talking about and work something out,” said Gianola. “That’s more reasonable and more fair for competition.”

Last week, a bipartisan coalition of seven state attorneys general, including Ohio Attorney General Dave Yost and West Virginia Attorney General Patrick Morrisey, filed suit against the NCAA, claiming the NCAA transfer rules violate antitrust laws. Morrisey said the transfer rules deprive athletes of “the chance to pursue the athletic and educational opportunities of their choice,” including name, image and likeness agreements.

Battle also filed a separate lawsuit of his own against the NCAA, over which Judge Bailey also is presiding. Judge Bailey acknowledged Wednesday he “did not have the time to consider Battle’s personal case,” but that would be reviewed at the Dec. 27 hearing.

Current NCAA rules state a student must sit out a year following their second transfer to another school, unless the NCAA grants a waiver allowing them to compete immediately. The attorneys general argue the rule is “arbitrary” and also “punishing” for students who choose to pursue the right to transfer immediately in court.

William Becker, the principal assistant attorney for the Ohio Attorney General’s office, described the NCAA’s rules of restitution as “rules of retaliation” during his opening remarks Wednesday, saying the NCAA penalizes an athlete’s pursuit of rights in court. He said the NCAA can wipe out an athlete’s career or a team’s record during the time an athlete plays on a temporary restraining order for the transfer rule. Colleges may also be forced to return television money made while an athlete plays during this time.

The NCAA’s arguments for the transfer policy are that it promotes the academic well-being of the transfer student and provides stability for NCAA team rosters. Becker countered Wednesday that second-transfer athletes “spend just as much time practicing and sitting on the bench during games” as those eligible to play.

Battle echoed this in his testimony, adding that as a fifth-year player, he felt “extra pressure” to spend time in the weight room to set an example for younger teammates.

“I came to WVU for academics and basketball, so I am there every day at practice with the team,” said Battle. “It hurts I have so much experience, and I am not able to help my team and compete.”

During his testimony, Battle detailed growing up on a reservation, where basketball was “seen as their thing.” He started his collegiate career at the University of Washington, desiring to be a “hometown hero,” but found himself under pressure from family and his community. He transferred to Montana State and found a coach and counselor in then MSU head coach Danny Sprinkles.

When Sprinkles left to coach Utah State, Battle couldn’t follow due to credit issues. He ultimately transferred to WVU, finding a kindred spirit in interim head coach Josh Eilert, who also grew up on a reservation.

“Nobody knows what happens on a reservation and what’s like for us,” added Battle. “For him to share that experience with me really helps.”

Battle filed for a waiver to play immediately at WVU, citing mental health reasons, but that waiver was denied following multiple attempts.

“It hurts having so much experience, and I am not able to help my team and compete,” described Battle, who also said he was “unable to engage” in any NIL deals because he currently isn’t playing.

During cross-examination, Ben Bailey questioned whether Battle felt the need to transfer from Montana State due to Sprinkle leaving or because of the success and notoriety he accrued during the 2023 NCAA Tournament. Battle said he didn’t know the rules regarding a second transfer before the NCAA tournament, but added that his success in the tournament had no impact on whether he wanted to transfer.

“No school guaranteed me that I would receive a waiver to transfer, and many were nervous and backed out,” explained Battle. “They didn’t want to give someone a scholarship who wouldn’t play in their fifth year.”

Ben Bailey then questioned whether Battle’s motivation to transfer was due to Montana State not offering an NIL program for basketball players until after Battle entered the transfer portal.

“I would’ve stayed anyway if Sprinkles was still a coach,” said Battle in response. “The goal was to win my third ring with him.”

On the possible NIL monetary losses Battle faces through ineligibility, Ben Bailey asked whether any parts of NIL contracts with WVU have been restricted for Battle. Battle explained there is a “certain percentage of the NIL agreement” he is not receiving because he is not playing

“I was invited for a job, but I can’t do that job, so I am not getting what I signed up for,” Battle said.

“Is there harm you are suffering because you’re not playing or because there’s something in the contract that you are not receiving because you cannot play?” Ben Bailey asked in response

“I don’t care about the NIL, Ijust want to play,” Battle replied.

Battle confirmed during Ben Bailey’s cross examination that he was receiving mental health counseling at Montana State, but it was from a student-in-training counselor, who he wasn’t the most comfortable with. Battle said he considered Sprinkles largely to be his counselor.

Ben Bailey asked Battle whether he would rather wait to play a full season next year or play the last 18 games of this season.

“If I’m playing 18 games, it’s 18 games,” Battle said. “To be honest, who knows what the team will look like next year. I committed to a team with a great roster, but then five or six left, and four new players came in.

“The main focus for me with the transfer was academics, then mental health and then the question of ‘Are we gonna be good?'”

Following the ruling, Yost applauded Judge Bailey’s decision, saying it was “only fair and right.”

“Competition is good,” Yost said. “Thank you, Judge Bailey, for recognizing that and allowing the kids to play.”

Morrisey also offered his support for Judge Bailey’s ruling.

“This order paves the way for student-athletes, like RaeQuan Battle, to play in the sport they love and continue improving themselves,” said Morrisey. “We are looking forward to proving definitively that the NCAA has violated the Sherman Act by failing to maintain a consistent and defensible transfer rule and by denying these student-athletes the chance to play.”