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Xavier Lucas in the portal

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305407cane said:
Wait til you see my lawyer. Best lawyer in Miami. By morning you’ll be working in Alaska. So dress warm
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Calm Down Al Pacino GIF
 
CorniceCane said:
I saw him a couple of years ago. Sat next to him at a charity event. Super nice guy. Definitely up there in years though (as if you couldn’t tell by the graphics or lack of area codes in the commercial).
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Thats awesome to hear. I just looked him up and was an ex Palmetto Bay councilman
 
90scane said:
Could Miami use his HS transcript?
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Of course they could. I understand TOC's point. But we're talking about a kid that graduated from American Heritage that Miami would have admitted as a senior no questions asked.

And with NIL, the whole scholarship issue is essentially irrelevant. You could bring him in like UF brought in McClain as a walk on, and top off his NIL to fund his tuition, room et al until the scholarship kicks in.

No lawyer, but I see zero way Wisconsin can stop him from matriculating at Miami if he wants to, and be a Miami football player if Miami's NIL collective wants him to be, scholarship or no.

They've had a few weeks to deal with this already. Hopefully they've been pursuing Plan B during this time.
 
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Much has yet to become public in Lucas’ fight to transfer, including the nature and terms of the agreement sources told BadgerExtra Lucas signed before he returned to Florida for winter break. An open records request filed with the university to turn over such a document was denied because, “any written agreements between students and the university are education records according to (the Family Educational Rights and Privacy Act),” and “no amount of redaction that could sufficiently de-identify the education records.”

Many fans on social media have speculated that Wisconsin and/or the Varsity Collective are requiring repayment of money paid upon signing of the agreement before Lucas can be placed in the portal. However, that request wouldn’t hold control over Wisconsin’s compliance office, which is required to enter an athlete’s name into the portal within two business days of paperwork being filed. Heitner contends Lucas filed his paperwork Dec. 19, the day he initially posted his intent to hit the portal.

The endgame in this scenario is intriguing for both sides. There appears to be four most likely outcomes.

1. — Lucas returning to and playing for Wisconsin — seems farfetched at this juncture.

2. The NCAA forces Wisconsin’s hand to release Lucas​


Heitner said Tuesday he was asking for a day-of response from the NCAA regarding Lucas’ situation. The NCAA has shown recently it’s not as interested in fighting or adept at winning legal challenges in the realm of athlete eligibility. So it could step in and say Wisconsin’s wrong in its belief that Lucas is bound to the program, but Wisconsin’s had legal review of this situation in recent weeks and that seemingly would’ve pointed out any errors or misinterpretations on the Badgers’ end.
This fight could drag on beyond the timeframe Lucas would need to enroll at another school for the spring semester — while athletes typically need to be in classes by the last week in January to be eligible for sports, the exact dates differ at each institution — but Heitner has said Tuesday he’ll file for an injunction if needed to get Lucas in the portal as soon as possible.

3. Wisconsin wins a legal battle and sets precedent​

One challenge programs face in the constantly shifting landscape of college football is that the rules change faster than their processes can. College football programs, especially in the Big Ten, exist within massive state universities. That fact means a lot of red tape must be cut through to adjust to new things.
Wisconsin might be drawing a line in the sand for other schools to follow if a contract can be agreed to and enforced with an athlete. That also could open another round of debate about college athletes being employees of their institutions.
Any precedent Wisconsin sets with a legal win against Lucas in the matter would likely be confirmed or superseded by the settlement of the House v. NCAA antitrust lawsuit. That settlement is expected in the spring, and it sets the framework for schools to pay athletes directly, sets scholarship and roster limits per sport and more.

4. Wisconsin loses a legal battle and suffers the consequences​

This outcome would require a good number of people in Kellner Hall and the Wisconsin football offices to be wrong.
Their failure could be one of timing — like getting ahead of the House v. NCAA settlement with a contract structure that’s not yet enforceable — or misinterpreting the rules as they stand. Either way, if this goes poorly for the Badgers, people from the football program all the way through compliance, legal and top-tier administrators will be left with egg on their face.
Even if that happens though, the House v. NCAA settlement’s direct payment structure may create a basis for contracts that tie athletes to schools and any embarrassment would be short-lived.
 
Hoyacane1620 said:


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Much has yet to become public in Lucas’ fight to transfer, including the nature and terms of the agreement sources told BadgerExtra Lucas signed before he returned to Florida for winter break. An open records request filed with the university to turn over such a document was denied because, “any written agreements between students and the university are education records according to (the Family Educational Rights and Privacy Act),” and “no amount of redaction that could sufficiently de-identify the education records.”

Many fans on social media have speculated that Wisconsin and/or the Varsity Collective are requiring repayment of money paid upon signing of the agreement before Lucas can be placed in the portal. However, that request wouldn’t hold control over Wisconsin’s compliance office, which is required to enter an athlete’s name into the portal within two business days of paperwork being filed. Heitner contends Lucas filed his paperwork Dec. 19, the day he initially posted his intent to hit the portal.

The endgame in this scenario is intriguing for both sides. There appears to be four most likely outcomes.

1. — Lucas returning to and playing for Wisconsin — seems farfetched at this juncture.

2. The NCAA forces Wisconsin’s hand to release Lucas​


Heitner said Tuesday he was asking for a day-of response from the NCAA regarding Lucas’ situation. The NCAA has shown recently it’s not as interested in fighting or adept at winning legal challenges in the realm of athlete eligibility. So it could step in and say Wisconsin’s wrong in its belief that Lucas is bound to the program, but Wisconsin’s had legal review of this situation in recent weeks and that seemingly would’ve pointed out any errors or misinterpretations on the Badgers’ end.
This fight could drag on beyond the timeframe Lucas would need to enroll at another school for the spring semester — while athletes typically need to be in classes by the last week in January to be eligible for sports, the exact dates differ at each institution — but Heitner has said Tuesday he’ll file for an injunction if needed to get Lucas in the portal as soon as possible.

3. Wisconsin wins a legal battle and sets precedent​

One challenge programs face in the constantly shifting landscape of college football is that the rules change faster than their processes can. College football programs, especially in the Big Ten, exist within massive state universities. That fact means a lot of red tape must be cut through to adjust to new things.
Wisconsin might be drawing a line in the sand for other schools to follow if a contract can be agreed to and enforced with an athlete. That also could open another round of debate about college athletes being employees of their institutions.
Any precedent Wisconsin sets with a legal win against Lucas in the matter would likely be confirmed or superseded by the settlement of the House v. NCAA antitrust lawsuit. That settlement is expected in the spring, and it sets the framework for schools to pay athletes directly, sets scholarship and roster limits per sport and more.

4. Wisconsin loses a legal battle and suffers the consequences​

This outcome would require a good number of people in Kellner Hall and the Wisconsin football offices to be wrong.
Their failure could be one of timing — like getting ahead of the House v. NCAA settlement with a contract structure that’s not yet enforceable — or misinterpreting the rules as they stand. Either way, if this goes poorly for the Badgers, people from the football program all the way through compliance, legal and top-tier administrators will be left with egg on their face.
Even if that happens though, the House v. NCAA settlement’s direct payment structure may create a basis for contracts that tie athletes to schools and any embarrassment would be short-lived.
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Soooooo all outcomes end with him being in the portal regardless…..so wtf are we really doing here Wisconsin?

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ZeroBeachCane3 said:
Soooooo all outcomes end with him being in the portal regardless…..so wtf are we really doing here Wisconsin?

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The thing is there is no outcome where Lucas returns to UW which is what makes this so stupid on their part. Even if there was a remote chance he would change his mind after the way they have treated him the last 3 weeks I don't see him changing his mind. Still not sure how UW can think whatever he signed in December would bind him to staying at UW especially since those kinds of NIL deals are not allowed right now.
 
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This was supposed to be resolved once the NCAA went back to work after the New Year. What's the latest here and new hold up? While the QB search has left much to be desired we have retooled the secondary quite well. Lucas would be an outstanding cherry on top. Still think we need another safety, but maybe Patterson will really develop under some better coaching.
 
There is no win for Wisconsin. They cant put him on the field ever again.

The weirdest thing about the entire thing is the obvious connection their creating between their NIL and football team.

Punishing someone in a way that hurts their ability to earn money on behalf of another company is clearly harassment and grounds for a lawsuit. It would be pretty easy to prove what he would earn and what he will not now. Having to sit out a season could hamper his ability to get into the NFL and would certainly take a year off his NFL career.

The fact that these things are going on across the country and they are doing themselves doesn't bode well for them. They may be able to slow things down but I can easily see him winning a multi million dollar lawsuit against UW. If the NCAA wants to step in, they have grounds to punish them. Pay for play, not following the rules etc... just not sure how willing they are to get involved. They may want to see how this plays out in court for precedent.
 
wnycanesfan said:
The thing is there is no outcome where Lucas returns to UW which is what makes this so stupid on their part. Even if there was a remote chance he would change his mind after the way they have treated him the last 3 weeks I don't see him changing his mind. Still not sure how UW can think whatever he signed in December would bind him to staying at UW especially since those kinds of NIL deals are not allowed right now.
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I don't think they want him back. They just don't want him elsewhere (Miami?) They seem to be intent on making him an example
 
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Question to those who are following this closely: Has it been reported as to what, if anything, the NCAA has done or said with regard to the simple ministerial act of Lucas' filling out the form to put his name in the portal database and UW failing to input his name into the portal database? TIA.
 
I take it that the injunction Heitner intended to file has been filed as of yesterday at the latest. Based on this should we not expect immediate injunctive relief from the NCAA? Not doing so is in effect denying Lucas his right to make money in the free marketplace. I think it would be reasonable to expect immediate injunctive relief that would allow Lucas to go on with his career while Wisconsin and Lucas come to terms on any monies Lucas would have to repay Wisconsin which Lucas has already stated is his intention. I'm not a lawyer. I would just like to see a practical and reasonable solution here in the short term while allowing Wisconsin the opportunity to seek the legal precedent and/or remedy(farfetched) that they very clearly desire.
 
FrancisSawyer said:
I take it that the injunction Heitner intended to file has been filed as of yesterday at the latest. Based on this should we not expect immediate injunctive relief from the NCAA? Not doing so is in effect denying Lucas his right to make money in the free marketplace. I think it would be reasonable to expect immediate injunctive relief that would allow Lucas to go on with his career while Wisconsin and Lucas come to terms on any monies Lucas would have to repay Wisconsin which Lucas has already stated is his intention. I'm not a lawyer. I would just like to see a practical and reasonable solution here in the short term while allowing Wisconsin the opportunity to seek the legal precedent and/or remedy(farfetched) that they very clearly desire.
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You would think but...Have you met the NCAA??? Especially in connection with Miami.
 
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