Why Bearcats, Musketeers players need successful appeal to play

The eligibility of a pair of veteran players for the Cincinnati Bearcats and Xavier Musketeers is on hold after a state appeals court intervened in their case.

Ohio’s 1st District Court of Appeals on Aug. 17 suspended a ruling in July by a Hamilton County judge that allowed Cincinnati’s MJ Collins and Xavier’s Filip Borovicanin a fifth year of eligibility.

Collins and Borovicanin were among two dozen college athletes who sued the NCAA in Hamilton County after it adopted new rules in June that allow five years of eligibility but excluded athletes – like Collins and Borovicanin – who graduated high school in 2022.

Common Pleas Judge Chris Wagner’s July 9 decision, blocking the NCAA from enforcing those new rules, is now on hold. The appeals court said oral arguments, if requested, would take place on Sept. 22

The NCAA in June passed legislation, allowing athletes five years of eligibility in five years. But the new rule excluded the Class of 2022, leading to many legal filings against the NCAA.

For now, Collins, who transferred to UC from Utah State to reunite with Coach Jerrod Calhoun and Borovicanin, who played for Richard Pitino and Xavier last season, are ineligible.

Collins joined the Bearcats for summer practice on July 20 and played in two exhibitions in the Bahamas in early August. Collins had 15 points and four assists in a win over Victoria (Canada) on Aug. 4, then added nine points, two assists and three steals the next day in a victory over Calgary.

The 6-foot-4, 195-pound guard started all 36 games at Utah State last season for Calhoun and averaged 17.5 points per game, shooting 45.7% from the field. He made 36.1% of his 3-point shots and 81% of his free throws. Collins had a high-scoring game of 40 points last Nov. 23 vs. Davidson, making 8 of 12 of his 3-pointers.

Collins posted on X after the stay: "Don't trip. We still good."

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Don’t trip we still good😂 #keepfaith

The 6-foot-9 Borovicanin averaged 10.8 points and 7.4 rebounds for Xavier, coming from New Mexico along with XU Coach Pitino. He previously played two seasons at Arizona.

If requested, oral arguments in the 1st District Court of Appeals would take place Sept. 22. It's not known when the appeals court will issue a decision.

UC's next exhibition is Oct 7. at the Lindner Tennis Center in Mason as they face Ohio State, followed by Xavier and Dayton. The Bearcats' first regular-season game is Nov. 2 at Fifth Third Arena vs. American; Xavier opens the same night at Cintas Center against Mount St. Mary's.

Both UC's Calhoun and Xavier's Pitino appeared in court in July in support of their players. Now, the appeals court will decide if either can add key elements on the basketball court.

This article originally appeared on Cincinnati Enquirer: Why Bearcats, Musketeers players need successful appeal to play