The Highs and Lows of JMU’s Second FBS Season

Following a strong first season, the James Madison University (JMU) Dukes are having an impressive second season in the FBS. The Dukes were undefeated (10-0) before losing to North Carolina’s Appalachian State University.[1] Now, their record is 11-1, and the team is bowl-bound for the first time in program history.[2]

A few weeks ago, there was contention as to whether JMU would be eligible for the FBS postseason. James Madison is in transition from the FCS to the FBS. Per NCAA rules, state schools are not eligible for the postseason in the first two years of this transition.[3]

JMU, with a near perfect record, unsuccessfully requested two postseason waivers from the NCAA.[4] An NCAA waiver would allow them to be bowl eligible this season.[5] In its second waiver attempt, JMU, via its legal counsel, threatened legal action against the NCAA if its exclusion from bowl consideration was not reversed.[6] The demand letter warned that JMU was prepared to file a lawsuit in the Western District of Virginia asserting that the bowl ban violates anti-trust laws.[7]

The demand letter asserted that the NCAA’s rule is anti-competitive as it prohibits more qualified teams from competing in bowl games to the benefit of existing teams in the FBS “market.”[8] The letter referenced the Sherman Act and the Virginia Antitrust Act.[9] When dealing with private associations, like the NCAA, courts will only intervene when an association violates its own rules, there is fraud or illegality, or the action taken was arbitrary and capricious. The fraud or illegality requisite could cover alleged anti-trust violations.

Despite the demand letter, the NCAA denied James Madison’s request.[10] Virginia Attorney General James Miyares called the NCAA’s decision anti-competitive and said it has a “profoundly negative impact on student-athletes, JMU, the Commonwealth of Virginia, and collegiate football as a whole.”[11]

Miyares also said the NCAA made an arbitrary and capricious decision.[12] The use of “arbitrary” and “capricious” leads one to wonder if there could have been a legal argument that the NCAA acted arbitrarily and capriciously and thus, violated private association law.

The NCAA, in a statement, said that if Division I members disagree with transition requirements, their concerns should be addressed through rule changes, not waiver requests.[13]

Following its second waiver denial, JMU suffered its first and only loss. The school then opted against pursuing legal action against the NCAA.[14] In a statement, the school said that the loss “changed the landscape in terms of the nature and timing of our legal options, including the diminished viability of a lawsuit against the NCAA.”[15] Had a lawsuit ensued, there may have been immense implications for the NCAA.

The waiver denial also deprived JMU of the chance to play in the Sun Belt championship game.[16]

As luck would have it, there are not enough bowl eligible FBS teams to fill all available games.[17] To be bowl eligible, a team must have six wins.[18] The NCAA has now allowed James Madison to fill an empty spot and JMU will be bowling come December.[19] This quick decision to allow JMU into bowl eligibility makes one wonder why the NCAA was so adamant about keeping them out in the first place. Maybe this saga will make the NCAA rethink its two-year transition period rule.

Image credit: Nell Redmond/ AP Photo

[1] https://www.law360.com/sports-and-betting/articles/1769474/james-madison-u-punts-on-legal-action-in-fight-with-ncaa

[2] https://www.espn.com/college-football/story/_/id/38983869/james-madison-jacksonville-state-bowl-bound-first

[3] Id.

[4] https://www.espn.com/college-football/story/_/id/38957881/james-madison-sue-ncaa-receive-bowl-eligibility

[5] Id.

[6] https://www.espn.com/college-football/story/_/id/38913971/virginia-ag-threatens-legal-action-behalf-james-madison-football

[7] Id.

[8] Id.

[9] https://theathletic.com/5069482/2023/11/16/ncaa-james-madison-football-virginia-ag/

[10] https://www.espn.com/college-football/story/_/id/38913971/virginia-ag-threatens-legal-action-behalf-james-madison-football

[11] Id.