The Advocate: Marshall Faulk says Ckelby Givens is eligible to play for Southern. A lawsuit says otherwise.

Emily Staker provided legal insight to The Advocate, a daily newspaper in Baton Rouge, La., about issue of college football eligibility.

BY TOYLOY BROWN III | Staff writer

Ckelby Givens returned to practice with the Southern football team on Aug. 19 with renewed hope that he’d take the field for one more season of college football, but his status is in doubt even though his head coach, Marshall Faulk, believes his starting defensive end is eligible to play.

Two days after the defensive end rejoined the Jaguars in practice, he was ruled ineligible when the U.S. Court of Appeals for the 10th Circuit granted the NCAA’s request to stay the class‑wide preliminary injunction in the Wisne v. NCAA case on Friday. The stay halts the July 31 injunction that allowed athletes from the 2022 high school graduating class who exhausted their fourth season of eligibility to compete during the 2026‑27 season.

While that primary path to eligibility is on hold, Faulk offered a different perspective Tuesday during the team’s media availability ahead of the season opener against Alabama State at 2 p.m. Saturday at Legion Field in Birmingham, Alabama.

When asked for an update on Givens’ status, Faulk said:

“Right now, we don't. My understanding is Ckelby is in with that group of guys that filed to stay in the state of Louisiana, and I believe with that, as that stay is, it allows him to play until something else is said," Faulk said. "We’re looking for guidance from the NCAA or the lawmakers to tell us by Friday what we are to do, and I'm a follow-the-law guy. The law says that he can play, and we're happy to have him.”

Faulk was referring to the Louisiana lawsuit, Pyburn v. NCAA, which granted 32 athletes a temporary restraining order allowing them to return for a fifth season and enter the transfer portal regardless of the developments in Colorado. That group includes multiple football players, including undrafted NFL players such as former Ole Miss tight end Dae’Quan Wright, who intends to join LSU after clearing waivers Tuesday.

Minutes later, Faulk was asked directly whether Givens is eligible.

“To my knowledge he is,” he said. “To my knowledge, he's playing.”

When asked whether Givens has practiced, Faulk said: “To my knowledge, he has practiced.”

The Advocate obtained the list of plaintiffs in Pyburn v. NCAA, and Givens’ name was not included. A review of the court docket through Clerk Connect showed no new filings adding plaintiffs to the case. A representative from the East Baton Rouge Clerk of Court who answers questions on civil records and civil court date information also confirmed there have been no additions.

Southern deputy athletic director Rodney Kirschner did not respond to a request for comment.

The discrepancy between Faulk’s comments and the Louisiana case filings may be a form of gamesmanship. A theme of preseason camp under Faulk has been keeping some team details private to not give a competitive advantage to the opponent. One example was his decision to not publicly name his starting quarterback during camp.

Attorney Emily Staker of Christine Brown and Partners, who works on behalf of athletes, said she isn’t surprised by the potential confusion on eligibility for head coaches.

“We're really seeing a problem of (the NCAA’s) own making, and I can certainly understand why a coach in this position wouldn't be clear on what the rules are, because frankly, that's happening at programs all over the country,” said Staker, a Washington state‑licensed attorney for seven years. “It’s a very gray area that we are living in, in this eligibility space.”

Staker, also an NFLPA‑certified agent and adjunct professor at the University of Denver Sturm College of Law, said Givens’ best chance to regain eligibility is to obtain an injunction at the state level.

“We are seeing a lot of success at the state law level because most states have third‑party beneficiary protection,” she said.

Staker added that if Givens has not already filed a lawsuit, the best route to take to get another season of eligibility would be filing his own lawsuit because joining the Louisiana case could be more difficult.

“In this case, if they've already gotten an injunction order, it might be more difficult to join it,” Staker said. “Versus if you just need it in your individual capacity … In (Givens’) specific situation, if they have not filed anything yet, then he should absolutely consider filing something in his own personal capacity to try and expedite this.”

Regarding the class‑wide case in Colorado, Staker said plaintiffs are working to expedite a hearing and potentially secure relief for the entire 2022 class during the season.

Givens, a 6‑foot‑2, 245‑pound defensive end, would be a major addition for Southern. He has been one of the Southwestern Athletic Conference’s most dominant players over the past three seasons.

In 2024, he was named HBCU Defensive Player of the Year, SWAC co‑Defensive Player of the Year, a second‑team FCS All‑American and a Buck Buchanan Award finalist after leading the FCS with 27½ tackles for loss and finishing third with 12 sacks. Despite Southern’s struggles in 2025, he again led the SWAC with 18½ tackles for loss and 9½ sacks.

Email Toyloy Brown III at toyloy.brown@theadvocate.com.