Judge to Hear Providence Recruits' NCAA Eligibility Suit

Recruits Joe Pinion and Derek Simpson seek a preliminary injunction barring the NCAA from enforcing its '22 Carveout against them.

Updated on Nov. 3, 2026 in Law

Judge to Hear Providence Recruits' NCAA Eligibility Suit

A federal judge in Providence is scheduled to hold a hearing Tuesday, November 10, on a suit brought by Providence College men's basketball recruits Joe Pinion and Derek Simpson against the NCAA. The players seek a preliminary injunction barring the NCAA from enforcing the '22 Carveout against them.

Why it matters

The filing asks the court to reverse a decision Judge Melissa DuBose issued two weeks earlier in the NCAA's favor. The outcome could determine whether the players are eligible to compete in the 2026-27 season.

The players' legal team, led by Jesse Panuccio, filed a new court filing seeking a preliminary injunction against the NCAA ahead of the hearing. The judge has not yet ruled on the request.

The players

Joe Pinion

A Providence College men's basketball recruit who played at USF in 2025-2026, averaging 14.6 points per game.

Derek Simpson

A Providence College men's basketball recruit who played at St. Joe's in 2025-2026, averaging 13.8 points and 5.2 assists per game.

Melissa DuBose

The federal judge presiding over the case in Providence, who previously sided with the NCAA in an earlier decision.

Jesse Panuccio

The lead attorney for the players, a former third-ranked lawyer in the U.S. Justice Department who served during President Donald Trump's first term.

The details

The filing argues that courts around the country have found the '22 Carveout constitutes a breach and that injured student-athletes are irreparably harmed. Simpson and Pinion contend they cannot regain the experiences and opportunities of a unique season of athletic competition.

Timeline

  1. Tuesday, November 10: Hearing scheduled in federal district court in Providence.

  2. 2026-27 season: More than 300 '22 class students are set to play after obtaining relief from the NCAA.

Legal Context

Courts around the country have found the NCAA's '22 Carveout to constitute a breach, and more than 300 students from the '22 class will suit up for the 2026-27 season after obtaining judicial relief. The Providence case tests whether that pattern will extend to these two recruits.

If the court grants the injunction, Pinion and Simpson could compete in the 2026-27 season rather than sitting out. The outcome also signals whether other '22 Carveout cases will follow the same path.

The takeaway

The Providence hearing will test whether courts continue to grant relief from the '22 Carveout, a question that affects hundreds of student-athletes. Readers following NCAA eligibility disputes should watch the November 10 ruling closely.

What happens next

A hearing on the players' preliminary injunction request is scheduled for Tuesday, November 10, in federal district court in Providence.

Further reading

For related coverage, see more Providence Law stories on the site.

Source note: This article includes information reported by GoLocalProv.