Josh Heupel wants Joey Aguilar back as Tennessee football’s quarterback next season. But more than anything, the Vols’ head coach just wants an answer in Aguilar’s attempt to get another year of eligibility through his lawsuit against the NCAA.
The Knoxville News Sentinel reported on Wednesday that Heupel was quoted in a court brief filed by Aguilar’s attorney, Cam Norris, and is in favor of the preliminary injunction for Aguilar.
“UT would love to have Aguilar back for the upcoming 2026 season,” Heupel said, according to Knox News. “But UT needs to know whether he will be eligible. It is essential for Joey, his coaches and teammates, and for UT to all know the status of his eligibility as soon as possible.”
Aguilar received a 15-day temporary restraining order against the NCAA on Wednesday. The preliminary injunction hearing is set for February 13.
Lawsuit: Joey Aguilar could make $2 million with Vols in 2026
Aguilar was previously part of the Diego Pavia lawsuit as one of 26 additional plaintiffs. He was given voluntary dismissal from the suit, then filed the new lawsuit against the NCAA in Knox County Chancery Court on Friday.
The lawsuit noted that Tennessee has a roster spot open for Aguilar and he would be able to earn $2 million by playing another season with the Vols.
“If this Court grants Aguilar relief from the NCAA’s JUCO rule in the near term,” the complaint read, “Tennessee has a spot for him on the roster and would welcome him back.
“His compensation for playing college football in 2026 would be approximately $2 million. So by counting his JUCO years against him, the NCAA is depriving Aguilar of millions of dollars.”
Aguilar has played only three years of Division I college football, spending two seasons at Appalachian State before transferring to Tennessee last April. He played two seasons at Diablo Community College in California, in 2021 and 2022, before beginning his NCAA career.
Tennessee currently has three scholarship quarterbacks on roster
The lawsuit noted last season with the Vols as the only time he has been able to earn “significant money” playing football, making more than $1 million from the 2025 season.
“The 2025 season also marked the first time that Aguilar earned significant money for playing football,” the lawsuit stated. “From 2019 to 2023, he earned nothing. But in one season at Tennessee, Aguilar earned over $1 million.”
Aguilar threw for 3,565 yards and 24 touchdowns in 13 games as Tennessee’s starting quarterback. The Vols are currently set to enter the 2026 season with redshirt freshman George MacIntyre, freshman Faizon Brandon and Colorado transfer Ryan Staub as its options at quarterback.
Whether or not Aguilar can rejoin that group is a question he’s trying to get answered as soon as possible in the court system.
“Aguilar needs relief now,” the lawsuit stated, “to know whether he should report to spring practice or prepare for the NFL draft.”