Former Wisconsin defensive back Xavier Lucas is initiating another “first” in the world of NCAA lawsuits. He is leaving his school without entering the portal, after he signed a revenue-sharing contract with Wisconsin.
This case brings up yet another question regarding the new NIL and revenue sharing deals. If an athlete is getting paid by their institution, how does that impact their ability to transfer on a whim?
Lucas was a freshman this year, and at the end of the football season last month, he signed a two-year revenue deal. After the deal went through, Lucas requested a transfer. Wisconsin refused.
The agreement he signed, which was a Big-Ten template agreement, binds athletes to their school, giving the school the right to use the player’s Name, Image, and Likeness. It also restricts other schools from being able to use the player for marketing, while still allowing players to sign outside agreements.
While at home during the holidays, Lucas learned that his father was suffering a “serious, life-threatening illness” and he wanted to transfer to be closer to home. By leaving, he would be breaking the terms of his agreement, and Wisconsin would not enter him in the portal.
Lucas hired NIL attorney Darren Heitner to represent him in a coming suit, when the two found a “loophole” in the NCAA transfer rules.
If Lucas unenrolls at Wisconsin, and enrolls at another school (Miami in this case), he would be able to compete immediately, skirting the transfer portal entirely. This is exactly what he decided to do, and he has already enrolled in Miami for the fall of 2025.
This is the first case of this nature, and Wisconsin could bring legal action against Lucas and Miami for violating the revenue-sharing agreement. If this happens, the case could set a precedent that would lead to long-lasting ripple effects across the NCAA.
This whole story isn’t being told.
A) the rules are pretty explicit in saying a school cannot bar a student-athlete from entering the portal during their window (or the other exceptions)
B) the “contract” he signed isn’t “real” as it’s based on what Wisconsin/Big10 “thinks” is going to happen in the House settlement but clearly hasn’t happened yet since it’s not officially completed
Where we are headed…colleges and athletics growing farther apart
He’s not transferring he’s simply quitting one school and starting another. One weird trick!!! NCAA hates it!
It sounds like basic contract law. The contract may not prevent him from transferring as a student, but may prevent him from allowing to use his name, image and likeness in marketing for his new school and potentially prevent him from playing for the new school. Possibly money damages could be involved too depending on the terms of the contract.
If athletes want the benefits of these agreements they should also accept the responsibility of complying.
A court may set some limits on these contracts such as which terms are or are not enforceable, but neither side may be happy with the ultimate result.
I would love to see one of these NIL contracts to see what kind of bonkers language is in them
Collegiate athletics has gone insane. I long for the good old days but they’re gone too. It’s not very fun these days.
what’s so crazy about this
Here we go