Youngstown State University is appealing a temporary restraining order giving Ma’lik Richmond the opportunity to play for the Penguins this weekend.
The university wants a ruling before Saturday’s game.
Thursday, an Ohio district judge ruled that Richmond should be allowed to play while his lawsuit is pending.
Richmond sued YSU after school officials said he couldn’t play in games this season following protests when people found out he was on the team.
Richmond was found guilty as a juvenile of rape while he was playing for Steubenville High School’s football team – a case that garnered widespread publicity.
YSU argued that Coach Bo Pelini can be trumped under Ohio law by the president of the university, but Richmond’s lawyer said Richmond was punished without a hearing – going against the school’s student handbook.
There was supposed to be another hearing on September 28 to see if Richmond will be allowed to stay on the team permanently.