Clemson wide receiver sues NCAA for extra year of eligibility. What we know
A Clemson football wide receiver formally sued the NCAA on Wednesday in a last-ditch attempt to suit up for the Tigers during the 2026 season.
In a lawsuit filed late Wednesday in Pickens County, South Carolina, where Clemson is located, receiver Tristan Smith and his lawyers contend that the NCAA has unfairly counted his years at the junior college level against his five-year “eligibility clock” while granting players with similar JUCO experience additional years.
Smith and his lawyers also claim he’ll be missing out on roughly $300,000 to $600,000 in NIL/revenue-sharing dollars if he can’t play for Clemson in 2026.
Smith, 22, transferred to Clemson in 2025 from FCS Southeast Missouri State. The 6-foot-5 receiver from Georgia became a fan favorite and flashed his potential with 24 catches for 239 yards and a touchdown in 13 games (four starts).
But the 2025 season was Smith’s fourth at the college level after playing at SEMO in 2024 and spending the 2022 and 2023 seasons at Hutchinson Community College in Kansas. Clemson submitted a waiver for Smith to play in 2026 on Nov. 10, and the NCAA denied the waiver four days later, documents show.
Smith is being represented by prominent sports business/NIL lawyer Darren Heitner and Mark Peper, a Charleston-based lawyer.
Heitner said in a post on X (formerly Twitter) that the NCAA “arbitrarily denied (Smith’s) waiver, counting JUCO years against the 5-Year Rule, despite providing waivers to many other players with JUCO experience.”
Heitner and Peper filed a motion for a temporary restraining order that would essentially prevent the NCAA from enforcing its eligibility rules and allow Smith to participate in Clemson team activities while the lawsuit was ongoing.
That motion was denied by circuit court judge Jessica Ann Salvini, according to online court records. Heitner confirmed to The State that Salvini had denied his team’s initial temporary restraining order because she wanted to have a full hearing before deciding on any potential “injunctive relief.”
Based on that ruling, Smith cannot participate in Clemson team activities. Salvini, the judge in his case, could grant a restraining order on the NCAA and allow Smith to participate in team activities after a formal injunction hearing, though.
Smith’s next court date is unclear.
More details on Smith’s lawsuit vs. NCAA
Smith, per the lawsuit, is seeking a declaration that “his junior college years do not count against his NCAA eligibility” and that “he is eligible to compete for Clemson in the 2026-2027 season.” He is only asking for one additional year of eligibility.
Clemson’s initial NCAA waiver, which was denied, cited the NCAA’s Division I Board of Directors decision to grant an extra year of eligibility to any athlete who competed at the JUCO level and whose eligibility was set to expire in 2025-26.
That’s widely known as the “Pavia rule” since the decision was made in reaction to a lawsuit by former Vanderbilt star quarterback Diego Pavia, who started at a junior college. Smith’s situation required a waiver, though, since his eligibility was set to expire in 2026-27 and was not explicitly covered by the previous ruling.
As part of the waiver, Smith also submitted a personal statement to NCAA staff. He said he had to attend a two-year junior college coming out of high school because his GPA wasn’t high enough for a standard four-year school.
Smith said he lost class credits when he transferred from Southeast Missouri State to Clemson, which pushed his graduation date back to December 2026. He also said his family relies on him for financial support, and missing out on NIL earnings “would irreparably damage my earning potential as a young person.”
He said the uncertainty surrounding his eligibility has impacted his mental health.
“I plead with you to do the right thing,” Smith wrote to the NCAA.
NCAA’s swift denial leads to lawsuit
Clemson submitted Smith’s waiver on a Monday late in the 2025 season. The NCAA denied the waiver on Friday, writing that Smith’s circumstances “do not warrant relief of the legislation” because he’d played four full years of football.
Smith retained Heitner in early January to pursue his eligibility case. In the lawsuit, Heitner argued that Smith’s “eligibility clock” shouldn’t be up because he’s only played two years of Division I football (junior college football is non-NCAA).
Heitner also cited and referenced six other cases where U.S. courts ruled former JUCO athletes in “comparable situations” to Smith could play another season.
“By denying Mr. Smith’s waiver, the NCAA has breached its obligations and interfered with Mr. Smith’s opportunities,” Smith’s lawsuit read.
Clemson coach Dabo Swinney has expressed support for Smith in his eligibility battle. He previously said the Tigers would welcome Smith back in 2026 and were willing to ride out the process as long as possible to get clarity on his status.
The 6-5 Smith would likely contend for a starting receiver role at Clemson in 2026 alongside star juniors T.J. Moore and Bryant Wesco Jr.
“It never has been about the money,” Smith said in a Wednesday post on X. “I came from a Juco where I didn’t receive any money my first two years of college. It’s about wanting to play football one last year for the (Tigers). I’m only asking for a fifth year. A year to grow in my faith and become a better man and player.”
This story was originally published January 21, 2026 at 5:05 PM.
