NCAA makes case against Owen Heinecke returning to OU football in eligibility lawsuit

NORMAN — The NCAA filed a response Monday to Oklahoma football linebacker Owen Heinecke’s motion for a preliminary injunction, according to documents obtained by The Oklahoman.

Heinecke is seeking another year of eligibility after the NCAA denied his initial petition and appeal. An emergency hearing is set for 8:30 a.m. Thursday, April 16 in Cleveland County District Court. District Judge Thad Balkman, an OU Law graduate, has been assigned to the case.

The NCAA argues Heinecke chose to attend Ohio State on a lacrosse scholarship despite numerous DI scholarship opportunities to play football for institutions outside the Power Four conferences. Heinecke received scholarship offers from Army, Navy, Northeastern State and UCO.

“Plaintiff chose to attend Ohio State on a lacrosse scholarship without any guarantee he could try out for the football team,” the NCAA said, “let alone obtain a roster spot, which was a circumstance expressly within his control.”

The NCAA also argued Heinecke was not offered a spot on the Buckeyes’ football roster and following limited participation in lacrosse, he decided he would prefer to play football and transferred to OU.

In essence, Heinecke chose to attend Ohio State on a lacrosse scholarship with no guarantee to join the football team. His decision to forego concrete offers to play football to attend Ohio State falls within legislated “(c)ircumstances considered to be within the control of the student athlete” that cannot warrant an extension of eligibility, according to NCAA bylaws.

“Plaintiff did not lose the opportunity to play football due to circumstances beyond control because he decided to reject multiple scholarships to play football,” the NCAA said.

CARLSON: OU football LB Owen Heinecke faces uncertainty, but 'this isn't anything new'

Why does Owen Heinecke want an extra year of eligibility?

As outlined in his lawsuit, Heinecke seeks to play a fourth season of college football to “compete in the precise number of college football seasons allowed by the NCAA.”

His lawsuit states he’s not seeking money or fame, which he could do by entering the NFL Draft, Heinecke desires to complete his master’s degree in accounting, improve his stock and serve a full season as a team captain for the Sooners.

Several college football players have filed for preliminary injunctions in recent months, including Mississippi quarterback Trinidad Chambliss, who took his case to court in Mississippi and won. A Virginia circuit court judge denied Virginia quarterback Chandler Morris’ request for a preliminary injunction to play a seventh season last week.

Heinecke is currently out of eligibility due to the NCAA counting three games — 15 minutes — of lacrosse at Ohio State against him from his freshman year in 2021. 

Heinecke transferred to OU, but missed the 2022 season due to a season-ending injury. He was not granted a medical hardship.

“The very institution that prides itself on an amateurism model and should, in theory, act in the best interest of its student-athletes stands in Owen’s way,” his lawsuit reads.

Heinecke’s legal counsel includes Tyler Ames, Mary Cooper, Woody Glass (OU football’s former chief of staff), Michael Lauderdale (an OU Law alum) and Andrew Richardson. Balkman previously ruled against OU in 2015, saying steel construction work on OU's stadium expansion must halt.

Heinecke broke out for the Sooners during their run to the College Football Playoff this past season, totaling 74 tackles, 12 tackles for loss and a fumble recovery. Getting him back next season would be huge.

Colton Sulley covers the Oklahoma Sooners for The Oklahoman. Have a story idea for Colton? He can be reached at csulley@oklahoman.com or on X/Twitter at @colton_sulley. Support Colton's work and that of other Oklahoman journalists by purchasing a digital subscription today at subscribe.oklahoman.com.

This article originally appeared on Oklahoman: NCAA responds to OU LB Owen Heinecke's preliminary injunction motion