Dispute centered around rev-sharing leads to Xavier Lucas leaving Wisconsin for Miami
After battling with the Wisconsin Badgers over the past month about entering his name into the transfer portal, after signing an agreement with the school regarding revenue-sharing, wide receiver Xavier Lucas has now withdrawn from school and enrolled at Miami.
This has the makings to be one of the most groundbreaking moves we've seen in college athletics when it comes to how the transfer portal works, and could lead to significant changes in the future. This whole ordeal started when Xavier Lucas decided that he wanted to transfer out of Wisconsin, looking to find a school closer to home, in the eyes of the wide receiver.
But there was a problem for Lucas, and it all centered around a two-year agreement he signed with the school that was tied to the upcoming revenue-sharing model that has yet to be approved by a judge, per his attorney, Darren Heitner.
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So, the school felt as if it had a financial agreement in place, and would not enter his name into the transfer portal database.
If you aren’t familiar with how the portal works, the school is obligated to enter a player's name into the database once he or she has completed the proper paperwork needed to enter. As we have seen over the past few years, the transfer portal has continued to be one of the most talked about subjects in all of college athletics.
Just this year, the rules committee decided to shorten the period of time in which the portal would be open, starting on December 9, and running through December 24.
Players who are participating in the postseason are given a five-day extension once their season ends, which helped those still competing in the college football playoff.
In the case of Xavier Lucas, he had submitted his paperwork on time, but the school stood firm on not entering his name into the database, because of a revenue-sharing agreement that both parties signed before Lucas tried to enter his name into the portal.
The contract agreement at the middle of this dispute was a memorandum of understanding (MOU) that gives the school all rights pertaining to that player's name, image and likeness, meaning that Wisconsin, or any other school, could use his name for those purposes and Lucas would be paid in return.
OutKick spoke with Darren Heitner, who represents Xavier Lucas in this matter about the agreement.
"The memorandum of understanding is conditioned on approval of the House settlement (which has yet to receive final approval) and Xavier attending classes no later than Spring 2025 (he has un-enrolled from the Institution)," Heitner noted. "Furthermore, he sought to enter his name into the Transfer Portal, but the Institution improperly denied his right to do so, which is a violation of NCAA rules. That notwithstanding, the Institution has not paid any monies to him and so he owes no reimbursement to the Institution."
It was also noted by Heitner that the father of Xavier Lucas is currently dealing with a health issue that led to the former Badger wanting to move closer to home.
In short, the school and Xavier Lucas agreed to a deal that is not currently legal, because the House v NCAA settlement has not been approved via a judge.
One of the main takeaways from this whole ordeal is that former Wisconsin receiver Xavier Lucas decided not to go through the transfer portal on his way to Miami. After waiting for the school to enter his name into the database, Lucas simply took himself out of Wisconsin, and has now enrolled at Miami.
Yes, there have been other schools that have signed players to deals under the impression that the revenue-sharing agreement would be approved by a judge, but this matter of a player and program battling over the legality of a contract is the first to be publicly discussed.
Now, we could see a monster shift in how players decide to transfer, outside the actual portal period dates. Right now, if a player wanted to transfer, he would have to do so as a ‘Graduate Transfer’. But, with Xavier Lucas deciding not to use the portal, and enroll at another institution outside the window sets a new precedent for how players could potentially leave.
"NCAA rules do not prevent a student-athlete from unenrolling from an institution, enrolling at a new institution and competing immediately," an NCAA spokesperson noted in a statement this evening.
Darren Heitner mentioned to Yahoo Sports that when Xavier Lucas tried one last effort to discuss the matter with Wisconsin head coach Luke Fickell, he tried to talk Lucas into staying.
Obviously, this is a massive development for players in all sports. As for whether Wisconsin will sue Xavier Lucas for his NIL rights while he's at Miami, attorney Darren Heitner told OutKick's Trey Wallace that it would only further tarnish the school's reputation.
"The most short-sighted move for Wisconsin to make would be to sue," Heitner noted. "The institution doesn’t have a leg to stand on and it will only further tarnish a reputation that they have already done enough damage to by their own misdeeds."
As for what's next in the college career for Xavier Lucas, he will look to put this behind him and contribute to the Miami Hurricanes.
But, it's an un-traditional way of getting to Miami that could change rules surrounding the transfer portal, or therefore, the lack of actually needing a time period attached to the window itself.
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