Transfer Portal troubles: Wisconsin sues Miami for Tampering with Star DB

Credit Jason Hill - Co-Photo Editor // The Miami Hurricanes stand for the national anthem before their game against Ball Srate at Hard Rock Stadium on Sept. 14, 2024.

When Xavier Lucas transferred to Miami in January earlier this year, from the outside it was easy to not bat an eye.

The ‘Canes had closely missed out on the former four-star defensive back during their 2024 recruiting season, narrowly losing out to Wisconsin. And upon the completion of his freshman year, it appeared the South Florida native and former American Heritage star decided to move back home. To most, this was a no-brainer move back home to the sunshine state for the rising star.

But with that being said, the circumstances that surrounded Lucas’ departure from Wisconsin and transfer to Miami have become shrouded in controversy, and now, after much speculation, the Big Ten school announced a lawsuit against the University of Miami on June 21.

Wisconsin alleges that Miami made illegal contact with Lucas prior to his decision to transfer, allegedly days after he signed his NIL agreement with the Badgers.

Wisconsin’s issue stems from Lucas’ 2-year NIL agreement signed on December 2, 2024. Lucas then soon requested to transfer, informing his position coach. According to CBS Sports, it was also reported that his deal was among one of the highest revenue-sharing agreements on the team.

Lucas and his representation originally asked to be put into the transfer portal but claim, as Wisconsin also states, that the team did not allow for him to be officially listed as a transfer.

Wisconsin’s first official statement in response to Lucas’ decision stated, “A request to enter the transfer portal after entering such an agreement is inconsistent with the representations and mutual understanding of the agreement and explains the reason for processing a transfer portal request under these circumstances.” 

Wisconsin alleges that “on multiple occasions after December 2, 2024, and continuing into January 2025, Miami had impermissible contacts with [Xavier Lucas] and his representatives.”

They list out multiple alleged meetings, including visiting a relative’s home with a coach and prominent alumni providing a compensation commitment that “included financial terms more lucrative than those included in the contracts.”

Lucas’ attorney, Darren Heitner, has fought back against these allegations, stating that they are flat-out false. He was hired in January after the team refused to terminate the agreement and allow Lucas to transfer.

When neither side could agree on terms, Lucas withdrew from the university, not officially entering the transfer portal but essentially allowing him the same opportunity to enroll at another institution, which he did with Miami. The NCAA did respond to this, stating that its rules cannot prevent a student-athlete from taking this approach and being able to compete. In the lawsuit, Wisconsin does point out, though, that Lucas was allowed to enroll well after November 1, 2024, Miami’s official deadline for spring transfer enrollment. 

Miami football head coach Mario Cristobal guides players through warm-up drills before their game against Bethune-Cookman at Hard Rock Stadium on Sept. 14, 2023. Photo credit: Alexandra Fisher

What is important to note is that none of the money had been paid out to Lucas, as this was pending the final decision of House V. NCAA, so neither Miami nor Lucas is liable to return any financial compensation to Wisconsin. The Badgers, regardless, have pushed forward with the lawsuit after months of speculation if they would and are backed by the Big Ten.

They officially announced support for Wisconsin, telling Yahoo Sports, “The Big Ten Conference believes that the University of Miami’s actions are irreconcilable with a sustainable college sports framework and is supportive of UW-Madison’s efforts to preserve it.”

The lawsuit states that the Badgers saw Lucas as a cornerstone of their program, leading to their big financial commitment to Lucas. With Miami allegedly swooping in and taking him, not only did that take a big contributor, it disrupted the Badgers’ plans for building their program. 

They allege even more in the lawsuit, claiming that, quote, “in late 2024, Miami continued to recruit a second student-athlete, ‘Student-Athlete B,’ even though Student-Athlete B had made a written commitment to another DI school in late 2024, which commitment had been reflected in the Transfer Portal.” 

The question now is what the potential fallout could be for this case regardless of whether the courts find the allegations against Miami to be true.

For one the NCAA should watch if other student-athletes unenroll and then enroll to avoid the transfer portal. Lucas’ method of getting to Miami could be used in less reasonable circumstances, which would result in chaos between student-athlete and university. Moreover, plenty of student-athletes enter the portal with a “DNC” tag, which means do not contact. In these cases the student-athlete typically already has a school they wish to transfer to, which could lend itself to tampering as the school and athlete often make contact before the athlete enters with a “DNC” tag.

Redshirt sophmore wide receiever Isaiah Horton celebrates after scoring a touchdown in Miami’s game against Virginia Tech at Hard Rock Stadium on Sept. 27, 2024. Photo Credit: Jason Hill – Co-Photo Editor

More importantly, with money officially on the board across the college football landscape, student-athletes are now closer to pros than they have ever been. While they are rightfully earning their share of the pie, the question now is whether these NIL contracts are going to be enforceable and binding. Regardless of whether Miami is at fault, the potential for any team to come in and have similar situations happen is huge for the future of college sports in general. 

As for what this means for Miami, if the allegations are true, Wisconsin is asking for some sort of financial compensation and for the ‘Canes to declare their conduct to be tampering. On the larger scale, it’s uncertain if the NCAA will make an example out of Miami.

When the last situation of this scale happened with the Michigan sign-stealing allegations, the eventual champions faced no repercussions after the NCAA found them to be not guilty. But within the Big Ten, as the investigations continued, both Jim Harbaugh and current head coach Sherrone Moore faced suspensions brought forth by the Big Ten.

With no NCAA investigation currently announced and with this being between conferences, it’s unlikely that Miami, even if found at fault, will face anything more than fines. This could mean more in terms of the team’s reputation, especially at a time when rumored conference realignment or movement could have the ‘Canes looking to places like the Big Ten to get a slice of their lucrative media rights. 

While Miami has yet to officially comment on these allegations, Lucas’ attorney, Heitner, has stated that the intention is still for Lucas to play for the ‘Canes this fall. For the foreseeable future it’s certain to stay that way as the Hurricanes look towards their season starting in just a couple of months. 

Regardless of where this case falls, it will be one of the first big decisions in the post-House v. NCAA landscape, a landmark case in how student-athlete contracts and compensation unfold in the future. 

The Miami Hurricanes take the field at Hard Rock Stadium against the Virginia Tech Hokies on Sept. 28, 2024. // Photo Credit via Emily Rice