A potentially landmark legal battle is unfolding in college football as the University of Wisconsin, alongside its Name, Image, and Likeness (NIL) collective, the Varsity Collective, has filed a lawsuit against the University of Miami. The suit alleges “tortious interference” by Miami concerning former Badgers cornerback Xavier Lucas, who transferred to the Hurricanes program earlier this year.
The 23-page complaint, filed in Dane County Circuit Court on June 20, marks a significant moment as it appears to be the first instance of one major university suing another over alleged tampering involving a student-athlete under contract.
Allegations Stem from Controversial Transfer
The lawsuit centers on the controversial departure of Xavier Lucas from Wisconsin in December 2023. Lucas, a promising freshman cornerback, played in all 12 games for the Badgers last season, registering 18 tackles, an interception, and a sack, and saw more snaps (203) than any other freshman on the team.
According to the lawsuit, Lucas had signed a two-year NIL agreement with the university on December 2, 2023, which Wisconsin believed was still binding. He also had a separate NIL agreement with the Varsity Collective, reportedly one of the highest among Badgers players.
Lucas announced his intention to transfer on December 19. However, Wisconsin declined to enter his name into the NCAA transfer portal, stating their belief that his existing NIL agreement was still in effect. Lucas publicly contended that UW was wrongfully blocking his portal entry.
In January, Lucas circumvented the traditional transfer portal process by withdrawing from classes at Wisconsin and enrolling directly at the University of Miami. He later joined the Hurricanes football team and participated in spring practice.
Claims of Impermissible Contact and Tampering
Wisconsin’s legal complaint provides specific details supporting its claim that Miami engaged in impermissible contact with Lucas or his representatives before his decision to leave Madison. The lawsuit, which refers to Lucas as “Student-Athlete A,” alleges:
A Miami coach and a prominent Miami alumnus visited Lucas at a relative’s home in Florida in December, allegedly offering a “compensation commitment” more lucrative than Wisconsin’s deal to entice him to transfer. Wisconsin claims it received information about this visit on December 18, the day before Lucas announced his transfer intent.
Miami is accused of a broader pattern of tampering, including allegedly pursuing a second, unnamed player who had already made a written commitment to another school, confirmed in the transfer portal.
Wisconsin asserts that Miami’s actions were “intentional” and “not justified or privileged,” knowingly inducing Lucas to abandon his contractual commitments with UW and the Varsity Collective.
Seeking Damages and Upholding Integrity
In the lawsuit, Wisconsin is seeking unspecified damages for the financial and reputational harm it claims to have suffered due to Miami’s alleged interference. The university also requests a court declaration that Miami’s conduct constituted tampering and asks for any other penalties the court deems appropriate.
While emphasizing they brought the case “reluctantly,” Wisconsin leadership and the Big Ten Conference have publicly stressed the importance of this action for the integrity of college athletics.
“Now more than ever, it is imperative to protect the integrity and fundamental fairness of the game, including in connection with NIL contracts,” the complaint states. “Indeed, student-athletes’ newfound NIL rights will be rendered meaningless if third parties are allowed to induce student-athletes to abandon their contractual commitments.”
Both the University of Wisconsin and the Big Ten issued statements supporting the principle that respecting and enforcing contractual obligations is essential for maintaining a “level playing field” in the evolving landscape of college sports. This case highlights the challenges of enforcing rules against tampering, particularly in the wake of court decisions and the advent of lucrative NIL deals, potentially positioning these new contracts and tortious interference claims as a primary mechanism for schools to protect their rosters.
Wisconsin has clarified it is not pursuing legal action against Xavier Lucas himself. At the time of reporting, the University of Miami had not publicly responded to the lawsuit.
