positioning is to attack any limits on the number of years played. If that is his real push, then just make the suit about that instead of trying to couch it in terms of JUCO years or red-shirt years. The NCAA doesn't currently prevent JUCO players from getting NIL money.
To the extent that there is a current requirement for the students to be student-athletes, it seems silly that they can't have any requirements about limiting which of the students are eligible for NCAA athletics.