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CHARLOTTESVILLE, VIRGINIA - SEPTEMBER 9: Phoenix Sproles #0 and Zach Horton #44 of the James Madison Dukes celebrate a touchdown in the first half during a game against the Virginia Cavaliers at Scott Stadium on September 9, 2023 in Charlottesville, Virginia. (Photo by Ryan M. Kelly/Getty Images)
CHARLOTTESVILLE, VIRGINIA - SEPTEMBER 9: Phoenix Sproles #0 and Zach Horton #44 of the James Madison Dukes celebrate a touchdown in the first half during a game against the Virginia Cavaliers at Scott Stadium on September 9, 2023 in Charlottesville, Virginia. (Photo by Ryan M. Kelly/Getty Images)Ryan M. Kelly/Getty Images

NCAA Threatened with Legal Action by VA AG over James Madison's Bowl Ineligibility

Adam WellsNov 16, 2023

Virginia attorney general Jason Miyares is threatening to take legal action against the NCAA after James Madison was deemed ineligible for a bowl game.

ESPN's Pete Thamel obtained a letter from a law firm engaged by Miyares that was sent to the NCAA:

"We are prepared to act on behalf of JMU in the unfortunate circumstance that JMU's request for relief is not timely approved. Specifically, JMU is prepared to promptly file a lawsuit in the Western District of Virginia asserting that the bowl ban violates the antitrust and, potentially, other laws."

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Miyares also provided a statement to Thamel, calling the NCAA's decision "extremely disappointing" and it "made an arbitrary and capricious decision that has an anti-competitive and profoundly negative impact on student-athletes, JMU, the Commonwealth of Virginia, and collegiate football as a whole."

Per The Athletic's Chris Vannini and Nicole Auerbach, the NCAA Division I Board Administration Committee rejected James Madison's waiver request for full bowl eligibility this season.

Thamel noted the letter lays the groundwork for an antitrust lawsuit against the NCAA.

This was the second time James Madison applied for a bowl-eligibility waiver. The original one was filed and rejected in the spring.

Per NCAA bylaws, football programs moving from FCS to FBS are required to take a two-year transition that makes them ineligible for postseason bowl games.

The Dukes are in their second season as an FBS program after making the move up to join the Sun Belt Conference in 2022.

In a statement about its decision on Wednesday (h/t Thamel), the NCAA Board of Directors Administrative Committee cited "factors beyond athletics performance" as part of the two-year FCS-to-FBS transition requirement.

"They are intended to ensure schools are properly evaluating their long-term sustainability in the subdivision," the statement said.

While the NCAA has rejected the school's waiver request, Thamel did note College Football Playoff executive director Bill Hancock left open the possibility James Madison could play in a bowl game if there aren't enough teams eligible for postseason play.

"The facts here haven't changed regarding JMU," Hancock said on Wednesday. "The committee considers all teams that are eligible to play in the postseason, and that's where things stand."

James Madison went 8-3 and won the Sun Belt East Division with a head-to-head win over Coastal Carolina in the regular-season finale last year, but the Chanticleers got to play for the conference championship against Troy because the Dukes couldn't play in a bowl game.

Head coach Curt Cignetti once again has James Madison playing at a high level. The team is 10-0, ranked No. 18 in the Associated Press Top 25 and has already won the Sun Belt East Division with two games remaining in the regular season.

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