CINCINNATI — Ohio's attorney general is hoping to meet with the NCAA after challenging its decision to declare a University of Cincinnati basketball player ineligible this season.
Cincinnati transfer Aziz Bandaogo's waiver was rejected by the NCAA earlier this month. The 7-footer from Senegal played two seasons at Akron before going to Utah Valley, where he averaged 11.5 points and 10.4 rebounds.
"It seems pretty arbitrary, the denial of the waiver" Ohio Attorney General Dave Yost told WCPO 9. "We're concerned about the anti-competitive nature of the NCAA."
The NCAA has tricky guidelines for second-time transfers like Bandaogo after the council approved legislation in January that requires undergraduate players to meet specific guidelines in order to be immediately eligible for their new team. If they don't meet those guidelines, they have to sit out for one year.
In a letter sent to the NCAA president, Yost details multiple reasons why Bandaogo transferred to UC and should be allowed to play based on the current guidelines.
The NCAA says players can receive immediate eligibility if they have a physical injury or mental health condition that led them to transfer. The NCAA also considers "exigent circumstances" like sexual assault or abuse.
Yost says in his letter that Bandaogo has "submitted compelling evidence of adverse mental health impacts following seismic changes in his support network, social network, and educational environment following the departure of his coach and mentor" for Utah Valley.
The attorney general also says Bandaogo's decision to transfer was also to be closer to his longtime girlfriend's nearby family.
"Mr. Bandaogo has no family of his own in the United States, his girlfriend’s family has functionally become his greatest support network and functions as a surrogate for his own," Yost writes.
In the letter, Yost questions the legality of the NCAA's decision, saying that not only is it "wrong as a matter of common sense and decency, it is also likely unlawful." He says it seems to violate antitrust laws and is a "one-year non-compete restriction in violation of both state and federal law."
Yost also told WCPO 9 that the NCAA is operating on an "outdated" business model, and that change is needed now.
"This shouldn't be a one-off individual case because for everyone that hits the news, I know there's other kids out there that don't have the connections... to challenge the thing," Yost said.
Bandaogo's case is similar to that of UNC receiver Devontez Walker, who was finally declared eligible after the NCAA originally determined he would have to sit out one year. In fact, Yost's letter to the NCAA is almost exactly the same as the letter North Carolina's attorney general wrote for Walker.
"We shouldn't have to have these kinds of discussions," Yost said. "We should move toward a modern model that recognizes that college athletics change. This isn't 1930 anymore."
Bandaogo is one of two UC transfers whose waivers were denied. The other is Jamille Reynolds, who was with UCF and Temple before joining the Bearcats.
Yost said he was unaware of Reynolds case until recently, but him and his team are looking into his case as well.
UC coach Wes Miller has been vocal about the decisions, saying the program feels both Bandaogo and Reynolds meet the NCAA's guidelines.
"We're gonna try to do everything we can within laws and rules to help our guys get on the basketball court because they should be," Miller said. "My biggest concern right now is Aziz and Jamille's mental well-being, and that's not a line to try to help them get a waiver, OK? This is very, very, very, very difficult. They don't understand."
Yost said the Attorney General's Office is awaiting a response from the NCAA, and he hopes it doesn't involve a lawsuit.
