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.''