The NCAA has an eligibility crisis on its hands. Again. Still.
This time, the centerpiece is Charles Bediako, who declared for the 2023 NBA Draft and was acquired by the San Antonio Spurs as an undrafted free agent. Earlier this month, Bediako filed an appeal to the NCAA to allow him to return to suit up for the University of Alabama, for whom he played two seasons, in 2021-22 and 2022-23. Upon denial, Bediako sued the NCAA and received a temporary restraining order from a Tuscaloosa judge. That order enables him to join the Crimson Tide’s lineup immediately, and bars the NCAA from “attempting to impose, suggesting or implying any penalties or sanctions” for him or the university, per the ruling. He may play as soon as this Saturday night against Tennessee, in Tuscaloosa.
Like James Nnaji, who signed with Baylor last month, Bediako played in the NBA Summer League. But while Nnaji returned to Spain’s FC Barcelona, Bediako signed an NBA contract. He did not play for San Antonio, but logged 11 games with their G League affiliate in Austin. Per NCAA rules, that contract renders him ineligible to play college basketball.
The Bediako situation draws serious questions about the NCAA’s ability to enforce its own rules. Seth Davis and Andy Katz have the latest. Watch their full conversation — and an interview with Nebraska coach Fred Hoiberg — on the Hoops HQ YouTube channel.
Seth Davis: Now, we are gonna be talking once again about something that happened off the court, inside of a court, and that is a courtroom in Tuscaloosa, Alabama. County Judge James Roberts issued a temporary restraining order against the NCAA in favor of Charles Bediako, who is a former center at Alabama. He left Alabama to put his name in the NBA Draft and went undrafted. He signed three different NBA contracts, including a two-way contract with the San Antonio Spurs, played in the G League with three different teams and has never played in an NBA game. This triggers a couple of clauses in the NCAA rule book that leaves him ineligible for competition. They ruled him ineligible, his lawyers took the NCAA to court and the judge instituted a temporary restraining order for 10 days.
He will have a preliminary injunction hearing on Tuesday. Meanwhile, Bediako is on campus at Tuscaloosa and hasn’t yet practiced with the team. He is eligible to play in their game on Saturday against Tennessee. Early indications and reports are that Nate Oats intends to play him. We’ll see if that actually happens.
Andy Katz: I totally disagree with this decision, and the overall way of trying to use a local court to get your way. I don’t understand it from the Alabama team’s perspective. If you’re Nate Oats, you’re being kind of hypocritical here. He’s been quoted saying that this takes opportunities away from high school players. He was a former high school coach. It’s in his bones. You’re messing with your rotation. You’ve got a rotation. You’ve got a team that — when they’re on and healthy — could compete for the National Championship. And now, you want to bring in a guy sort of halfway through the SEC season and throw him in there? By the way, he may only be eligible for a game or two. We don’t know if it’s going to stick.
I don’t like it at all. And I don’t agree at all with the comparison to James Nnaji. He did not sign an NBA contract. He did not play in college basketball. Yes, he’s within the five years of his high school, but there is a difference with his case and Bediako’s.
Seth: So it’s a very dicey situation because people are complaining about the rules — so make the rules clear? But it raises the even more basic question, which is: can the NCAA legally enforce its rules? Because to your point, all it takes is one judge and one court to put on a TRO or an injunction. They can just kick the can down the road and say, while this is being adjudicated, this athlete’s allowed to play.
So this hearing that’s coming up next week is huge because if there is no injunction and that could be a sign that the courts are allowing the NCAA to enforce their eligibility rules. This is not like the NBA where you can just bring in a player on February 20th who fits a certain criteria and you can add them to the team. These are still institutions of higher education and somebody has to be enrolled in school.
NCAA ELIGIBILITY CRISIS
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Andy: We’re both fathers. And to me, young adults, have to make a decision. When you make that decision, there are consequences. His decision in this particular case was to leave college basketball after a couple of seasons, enter his name in the NBA Draft, and then become a professional. He made a decision. Great. Stick with it.
Seth: Well, I’m actually gonna disagree with you on that, Andy, to the point where I never begrudge somebody from exercising their legal rights. He wants to play, he wants to be able to make money. Even when Nate Oats made that comment about punishing the high school kids, if you have the opportunity to make your team better, you’re gonna do that. So I don’t necessarily begrudge people from chasing the opportunities that they want to chase.
So many people love to blame the NCAA. It’s not about the NCAA right now, except its relation and efforts with Congress. People talk about making athletes employees and creating a union and a CBA. That stuff is just not realistic. It’s just not going to happen. The hurdles are so high, the logistics are impossible. The NCAA needs to redouble its focus, get with Congress, as difficult as that is, and get some type of baseline of what the NCAA is allowed to do.
Andy: I think if you go into the draft undrafted, you shouldn’t be able to come back to school. We’re talking years since he played. He made a decision. I say grow up, move on with your life. Period.
Seth: Well, there’s more money coming his way. When people have a choice between growing up and making money, usually the money is going to win.
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