Providence players make new legal move in fight for NCAA eligibility

PROVIDENCE – Joseph Pinion and Derek Simpson have filed for a preliminary injunction in their latest bid for eligibility this season with the Providence College men's basketball program. Counsel representing Pinion and Simpson submitted a 39-page entry Thursday, Oct. 29, to the Rhode Island branch of U.S. District Court. The paperwork carried a request for oral arguments to begin either Nov. 6 or Nov. 11 in front of Judge Melissa R. DuBose, who previously denied a motion for a temporary restraining order filed by Pinion and Simpson. Plaintiff attorneys Marc DeSisto and Jesse Panuccio are seeking additional consideration that would put Pinion and Simpson on the floor with the Friars in 2026-27. Both are looking to secure a fifth year of eligibility from the NCAA after transfers from South Florida and Saint Joseph's, respectively. DuBose denied Pinion and Simpson in their initial petition, issuing a 21-page ruling which allowed the NCAA to enforce its adopted 5-in-5 bylaws beginning with the high school Class of 2023. "In this motion, Simpson and Pinion seek a preliminary injunction barring the NCAA from enforcing the ’22 Carveout against them," DeSisto and Panuccio wrote. "Without such relief, Simpson and Pinion will be irreparably harmed because they can never regain the experiences and opportunities that come with a unique season of athletic competition." Pinion and Simpson are both enrolled at Providence and have been practicing with the team this fall. Both were on the bench for a pair of exhibition wins at Amica Mutual Pavilion, including a 101-73 triumph over Georgia Tech last weekend. Friars athletic director Steve Napolillo released a statement in support of Pinion and Simpson following the initial ruling by DuBose. "When determining eligibility – specifically, who may compete in NCAA Division I athletics and for how long – the NCAA occupies a distinct and critical role," DuBose wrote. "The authority to establish and administer those eligibility rules rests with the NCAA, and the integrity of the system depends on respect for that authority." The NCAA's cabinet voted unanimously in June to adopt new bylaws, and they became effective Aug. 1. Redshirts and waivers of any kind – medical, hardship or otherwise – were eliminated in favor of five eligible seasons for athletes in a five-year window. DuBose cited Yriondo v. NCAA and Wisne v. NCAA in issuing her ruling, cases that were argued in Rhode Island Superior Court and the U.S. Court of Appeals for the Tenth Circuit. Panuccio is a Florida-based attorney who represented Denzel Aberdeen in his bid to secure a fifth year of eligibility with the men's basketball program at Florida. A state judge granted Aberdeen's request for a temporary injunction in late September, clearing him to play for the top-ranked Gators entering 2026-27. That case – which the NCAA said it will appeal – was among those cited by Pinion and Simpson in their new filing. "As things currently stand, more than 300 students from the ’22 class will suit up for the 2026-27 season after obtaining judicial relief from the NCAA’s attempt to exclude them," the filing read. "Unless this Court grants preliminary relief, Pinion and Simpson will be left out. The Court should join the nationwide majority of courts that have vindicated the contractual rights of students seeking to preserve one of the most meaningful experiences of their lives." Pinion and Simpson filed the same day CBS Sports reported Providence would attempt to add fifth-year forward Elijah Saunders to its roster. Friars coach Bryan Hodgson confirmed the news on his radio show Thursday night, which was broadcast on 790 AM The Score. Saunders has spent previous college time with San Diego State, Virginia and Maryland, starting in all but one of his 33 appearances with the Terrapins in 2025-26. "He's now here on campus," Hodgson said. "He's been around for a couple days now getting acclimated. Hopefully we'll have him in that lineup before too long." Saunders is a Phoenix native whose father, Yaki, played college basketball at Arkansas State in the mid-1990s – the same program where Hodgson earned his first chance as a head coach from 2023-25. He's among the 76 athletes who were granted eligibility last week via preliminary injunction in Glancey v. NCAA, a California case that has been ruled upon at state level. The NCAA said it will appeal that decision at a date to be determined. Panuccio is a former U.S. Associate Attorney General who resumed private practice after working in the Florida governor's office under current Sen. Rick Scott and for the federal government under President Donald J. Trump. He maintains offices in both Washington D.C. and Fort Lauderdale. Panuccio was added as counsel after DeSisto appeared on behalf of Pinion and Simpson at their initial virtual hearing before DuBose. bkoch@providencejournal.com On X: @BillKoch25 This article originally appeared on The Providence Journal: Providence players make new legal move in fight for NCAA eligibility