Duke Football Alumni Challenge NCAA Eligibility Rule in Lawsuit
Three former Duke football players are at the center of a growing legal challenge to the NCAA’s long-standing eligibility rules.
In lawsuits filed earlier this month in Durham County Superior Court, Ryan Smith, Tre’Shon Devones, and Cameron Bergeron allege that the NCAA’s five-year rule unfairly limits their ability to complete their college football careers and capitalize on opportunities now available through name, image, and likeness (NIL) earnings.
While a similar complaint was filed by former UNC wide receiver JJ Jones, the cases involving the Duke players present a focused critique of how the NCAA’s policies have affected athletes who remained at the Division I level but experienced disrupted careers due to injuries and other unforeseen setbacks.
A Rule Under Scrutiny
At the heart of the lawsuits is the NCAA’s “five-year rule,” which allows student-athletes four seasons of competition to be completed within five calendar years. The plaintiffs argue this rule is being applied arbitrarily and fails to account for players whose seasons were shortened due to legitimate medical or circumstantial reasons.
Smith and Devones, represented together in one suit, cite both lost playing time and significant NIL opportunities. According to court documents, they received a combined $50,000 in NIL payments in 2024 and have already received offers totaling up to $150,000 for a potential 2025 season contingent on eligibility that, under current rules, the NCAA denies.
Smith, a standout defensive lineman for Duke, appeared in 56 games during his career, with a strong showing in 2024 that earned him the program’s “Duke Tough Award.” Devones, who transferred to Duke after four seasons at Rice, missed the 2021 season due to injury and played 10 games for the Blue Devils in 2024. The players argue that these interruptions were beyond their control and that the NCAA’s blanket policy unjustly penalizes them.
Bergeron’s Breakout and the Timing of Opportunity
Cameron Bergeron, a linebacker who played four seasons at Duke, is the sole plaintiff in a second lawsuit alongside Jones. Bergeron’s case is particularly notable due to his performance spike in 2024. After limited playing time early in his career, he played over 1,200 snaps last season and recorded 83 tackles, including 9.5 for loss. He, too, faces the end of his eligibility despite having just found his stride.
The lawsuit estimates Bergeron could earn as much as $150,000 in NIL value in 2025, income he may forfeit without NCAA clearance.
Broader Implications Ahead of Key Hearing
The NCAA has maintained its position, stating the five-year rule is essential for fair competition and institutional balance. However, these new lawsuits reflect a broader challenge to how the association applies its rules in an era where college athletes are increasingly treated as marketable individuals with tangible earning potential.
A hearing is scheduled for April 22 in the North Carolina Business Court. With other cases nationwide beginning to question the same rule, the outcome of the Duke players’ legal push could help shape the future of college athletics eligibility and define how flexibility and fairness are weighed in the post-NIL landscape.
