Wisconsin's tampering lawsuit against Miami, explained
College football's rules regarding tampering and the transfer portal are set to see their first major legal challenge.
The University of Wisconsin, along with its NIL collective, has filed a lawsuit in state circuit court against the University of Miami (Florida) alleging "tortious interference," according to court documents obtained by Yahoo Sports' Ross Dellenger.
The lawsuit stems from the departure of freshman defensive back Xavier Lucas, who attempted to transfer to Miami in January following the 2024 season but was blocked from entering the portal by the Badgers. He ultimately enrolled in Coral Gables for the spring semester.
Wisconsin's legal challenge is the first of its kind and could be a major precedent-setter for how transfer situations will be handled when college sports enters the revenue-sharing era on July 1, following the approval of the House v. NCAA settlement earlier this month.
Here's a full rundown of the wrongdoing Wisconsin is alleging and what it could mean for the future of college sports.
Who is Xavier Lucas?
A four-star recruit in the 2024 class from high school football powerhouse American Heritage in Fort Lauderdale, Florida, Lucas signed with the Badgers out of high school and appeared in 11 games with one start as a true freshman in Madison last fall. He totaled 18 tackles, a tackle for loss, an interception and three pass breakups in 2024.
Why did Wisconsin block Lucas from transferring to Miami?
Lucas' attempt to transfer to Miami in the spring was complicated by the fact that he had already inked a two-year revenue-sharing agreement with Wisconsin ahead of the anticipated approval of the House settlement. The Badgers used that contract to block Lucas from entering the portal.
However, that didn't stop him from seeking a transfer, and he ultimately unenrolled from Wisconsin in January after the transfer portal closed and signed up for classes at Miami. As of publication, there has not been an NCAA ruling regarding his eligibility in 2025, with the association stating in January that he did not violate any rules, and he is expected to suit up for the Hurricanes this fall.
Lucas' attorney, Darren Heitner, said at the time that any attempt to prevent Lucas from playing this season would be met with an antitrust lawsuit of their own.
Lucas' attorney, Darren Heitner, told Yahoo Sports in January that he planned to file an antitrust lawsuit against Wisconsin if Lucas was unable to complete his move to Miami. He accused Wisconsin of blatantly violating NCAA rules by not inserting Lucas' name into the portal as he requested and questioning the legality of the NCAA's transfer portal in general.
According to Heitner, Lucas requested a transfer from Wisconsin after learning that his father had contracted a "serious, life-threatening illness" after returning home to Florida for winter break.
What is Wisconsin seeking from the lawsuit?
At the most basic level, the Badgers' lawsuit centers around one of the most contentious topics in college sports at the moment: tampering. Under NCAA rules, schools are not permitted to contact players on other teams' rosters until they officially enter the transfer portal.
However, it's an open secret that contact often happens well before players officially opt to transfer, especially when they choose to do so with the eyebrow-raising "do not contact" tag.
Wisconsin alleges that Miami violated NCAA rules by having impermissible contact with Lucas despite its knowledge that he had entered into a revenue-sharing agreement with the school that included anti-tampering language. The university said it filed the lawsuit "reluctantly" due to its commitment to "ensuring integrity and fundamental fairness in the evolving landscape of college athletics."
The Badgers are not filing any lawsuits against Lucas, and they are seeking "unspecified damages, transparency and accountability" from Miami. It's unclear what a ruling against the Hurricanes would mean for Lucas' football-playing future.
'We stand by our position that respecting and enforcing contractual obligations is essential to maintaining a level playing field,' the Big Ten said in a statement of support for the Badgers. '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.'
What could this mean for the future of college sports?
At its heart, Wisconsin's lawsuit tests schools' ability to enforce anti-tampering elements of revenue-sharing agreements, a key element of the House settlement aimed at ending the perceived free-for-all when it comes to the transfer portal and player compensation.
Should the courts rule in favor of the Hurricanes, it would provide a critical blow to the settlement, which is already facing legal backlash on Title IX grounds.
The lawsuit will also help establish the credibility of the transfer portal. Since the NCAA has stated that there are currently no rules against players unenrolling from their current school and re-enrolling at a new one without entering the portal, its legitimacy could hinge on the success of Wisconsin's suit.
There are a lot of moving parts in college sports at the moment, and the House settlement has only complicated matters. Whether that settlement can operate as designed could largely depend on the success of Wisconsin's lawsuit.
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