Wisconsin lawsuit accuses Miami of tampering to nab football transfer
The University of Wisconsin and its NIL collective filed a complaint in state circuit court against the University of Miami on Friday, claiming tortious interference in a dispute over former cornerback Xavier Lucas, according to documents obtained by The Washington Post. Wisconsin claims Miami tampered with its revenue-sharing agreement with Lucas, who left the school in January to enroll at Miami.
The lawsuit — for unspecified damages — highlights questions over how schools can enforce tampering within revenue-sharing agreements following the House v. NCAA settlement's June 6 approval, which permitted colleges to directly pay athletes for the first time.
'After reviewing all facts and evaluating options, the university today filed a complaint in Wisconsin state court outlining our allegations against the University of Miami,' the school said in a statement to The Washington Post. '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.'
Lucas established himself as a standout defensive back during his freshman season, playing in all 12 of the team's games and becoming a starter by year's end. The Pompano Beach, Florida, native had being earning 'substantial compensation' for his name, image and likeness from Wisconsin's collective starting last June, and by December, the school and the collective each offered him an NIL contract in a bid to retain his services, according to the 23-page lawsuit.
Through his contract with the school, Lucas's compensation — 'one of the largest NIL financial commitments of any [Wisconsin] student-athlete' — would begin in July 2025, conditioned on the court's approval of the House settlement. His deal with the collective would pay him during the period before his university contract took effect.
The former agreement gave Wisconsin exclusive license to Lucas's NIL rights for two years. Per that contract, the school said Lucas 'warranted that he had not previously made, and would not make, any agreement that conflicted with' the university contract and that he 'further represented that he would not make any similar commitment to enroll at or compete in athletics for another college or university.'
Lucas asked Wisconsin on Dec. 17 to enter his name in the transfer portal and publicly stated his intentions to transfer two days later. His attorney told Yahoo Sports that Lucas requested the transfer after learning that his father suffered a 'serious, life-threatening illness.'
Wisconsin — which had 48 hours to submit Lucas's name to the portal, per NCAA rules — did not, sparking a standoff with Lucas. On Dec. 27, he wrote in a since-deleted social media post, 'At the moment Wisconsin is refusing to release me into the transfer portal. I've met all NCAA requirements of the transfer portal process. I've yet to be put into the transfer portal by Wisconsin which is impeding my ability to speak with schools.'
Other schools may not contact an athlete until their name has been added to the portal. The December transfer portal window closed Dec. 28.
Lucas formally left Wisconsin on Jan. 13 and said he was academically enrolling at Miami. Days later, Wisconsin released a statement saying its 'binding' agreement with Lucas was violated, adding, 'We have credible information indicating impermissible contact between Xavier and University of Miami football program personnel prior to Xavier's request to enter the transfer portal.'
Wisconsin's lawsuit claims that Miami had impermissible contacts with Lucas throughout December and January; that the school offered a more lucrative 'compensation commitment' to lure him from Wisconsin; and that Miami representatives facilitated Lucas's January enrollment after the deadline for spring transfer enrollment had passed.
'Miami knowingly induced [Lucas] to abandon his contractual commitments to Plaintiffs,' it said. 'Miami's actions are in direct contravention of not only the NCAA's established anti-tampering rules … but also established contract and tort law.'
Miami did not respond to a request for comment in time for publication. Lucas's attorney, who has denied allegations of tampering, declined to comment, citing the fact that Lucas is not a defendant in the lawsuit.
Wisconsin is seeking damages because it claims Miami's alleged tampering caused it to 'suffer substantial pecuniary and reputational harm,' including the 'loss of a student-athlete with valuable NIL rights' and the 'loss of financial benefits [Wisconsin] stood to receive from [Lucas's] continued participation in its football program.' The collective is claiming a loss of financial and promotional benefits that it anticipated receiving.
Lucas recorded 18 tackles, one sack, one interception and two pass breakups last season. Miami enters the fall having added Lucas and three other cornerbacks from the portal to its transfer class, which 247 Sports ranked third nationally.
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