The University of Wisconsin and its NIL collective VC Connect filed a joint lawsuit on Friday against the University of Miami alleging it knowingly induced one of the Badgers’ football players to abandon a lucrative name, image and likeness contract to play for the Florida school this upcoming season.
Allegations of tampering rarely get to this level and the 23-page lawsuit, which was filed in state court in Wisconsin and obtained by The Associated Press, is unusual. Depending on its resolution, it could have a a wider impact on future NIL deals across college athletics.
The player in question in the filing is referred to only as “Student-Athlete A.” But the case summary describes facts that line up with the situation involving cornerback Xavier Lucas, who last December announced his plans to enter the transfer portal.
Shortly afterward, Darren Heitner, who has been representing Lucas, indicated that Wisconsin was refusing to put Lucas’ name in the portal and that it was hindering his ability to talk with other schools. In January, Heitner announced that Lucas would be playing for Miami this fall.
The situation is fallout from the rapid changes engulfing college athletics, specifically a combination of two things: Athletes went to court and won the ability to transfer with much more freedom and the 2021 NCAA decision clearing the way for them to strike NIL endorsement deals now worth millions of dollars. That has changed the recruiting landscape and forced the issue of contracts and signed commitments to the fore.
“Indeed, student-athletes’ newfound NIL rights will be rendered meaningless if third parties are allowed to induce student-athletes to abandon their contractual commitments,” a portion of the lawsuit reads.
Wisconsin said in January that it had credible information that Miami and Lucas made impermissible contact with each other before the former Badgers cornerback decided to transfer.
Wisconsin and VC Connect allege that the inducement for Lucas to attend Miami happened within days of him entering his NIL agreement to play for the Badgers, and that they incurred substantial monetary and reputational harm. The lawsuit seeks unspecified monetary damages and “a declaration that Miami’s conduct directed towards Student-Athlete A constituted tampering.”
A message left with the University of Miami seeking comment was not immediately returned. In a text message Friday, Heitner declined to comment on the lawsuit but he said that Lucas still plans to attend Miami and play football.
Wisconsin said it had the support of its leadership and the Big Ten Conference in filing the lawsuit, noting its commitment to “ensuring integrity and fundamental fairness in the evolving landscape of college athletics.”
“While we reluctantly bring this case, we stand by our position that respecting and enforcing contractual obligations is essential to maintaining a level playing field,” the statement said. “In addition to our legal action, we will continue to be proactive to protect the interests of our student-athletes, our program and the broader collegiate athletics community.
Lucas, who is from Pompano Beach, Florida, had 12 tackles, an interception and a sack as a freshman for Wisconsin last season.
Heitner said that Lucas hasn’t received any money from Wisconsin and therefore owes no money to the school. Heitner also argued that Wisconsin had violated an NCAA bylaw by not entering Lucas into the transfer database within two business days of the player’s request.
Wisconsin issued a statement at the time saying it hadn’t put Lucas’ name in the portal because he had entered a two-year binding NIL agreement.
In April, the surprise transfers of brothers Nico and Madden Iamaleava from Tennessee to UCLA prompted fresh questions about contracts and buyouts.
Nico Iamaleava, who led Tennessee to the College Football Playoff last season, walked away from a reported $2.4 million NIL contract. Arkansas freshman quarterback Madden Iamaleava entered the portal after spring practices wrapped up.
Arkansas athletic director Hunter Yurachek released a statement indicating he would support efforts by the Razorbacks’ NIL collective to enforce buyout clauses in athlete contracts. Iamaleava reportedly had a contract valued at $500,000 upon signing with Arkansas.