The CFB recruitment process is more convoluted now than the playbooks themselves. The dynamic shift has been rather stark, and the advent of the transfer portal is the flag-bearer of this change. The power lies with the individual more than their program. Talent jumping ship is a perpetual threat now. Schools are worried, and one has decided to take a stand. Set a precedent of sorts.

“Player power” is often a point of discourse among pro-sports, especially the NBA. It’s a prevalent notion that athletes have too much control in moving around teams. This notion is somewhat justified as well, with so many examples of players turning into mercenaries to secure their franchise of choice. It appears this effect has trickled down to College Football as well and is molding according to its habitat. A player tried to exploit a loophole in the relatively fresh laws of the NCAA transfer portal and NIL. The party on the wrong side of this exploitation is now breaking the rules of itself. A fascinating revelation has transpired over in the Big 10.

Xavier Lucas is a star in the secondary for the Wisconsin Badgers. Plays both corner and safety to great results. He’s so good that when there was chatter of him hitting the portal, the Badgers’ NIL collective swiftly got into action. Xavier Lucas signs an NIL deal worth $500,000 in exchange for staying put. Turns out, this was only the first wrinkle in this proverbial cat-and-mouse chase. 

After signing the deal, Lucas still went ahead and submitted paperwork to hit the portal. How’s that happened then, surely he’s under contractual obligation to remain a Badger? Well, it’s not as linear. See, players sign NIL deals with collectives, not schools. The school itself cannot pay the players, at least not until the House Settlement kicks in this summer. Therefore, on paper, Xavier Lucas can have his cake and eat it, too, so to speak. The collective that paid him has the right to litigate him, but that’s secondary. U of Wisconsin has to abide by the rules and allow him to enter the portal if he wishes. Sensationally, they aren’t doing so.

Despite the letter of the law enforcing them, Wisconsin is not letting Lucas leave. So, on the one hand, the player is trying to “breach” the contract by essentially taking money to play but not playing. Conversely, the school is holding him “hostage” by not allowing him to leave. Xavier Lucas has now onboarded a lawyer to counsel him and sort this predicament out. The lawyer’s back story is a can of worms in itself. It wouldn’t be hyperbolic to say this is a watershed moment in the NIL/portal era that will open or close the door for other similar cases. Oh, and there’s allegedly some tampering involved as well, for good measure!

Xavier Lucas was perhaps facilitated by the next team in this attempted “heist”

It’s not a shock that when Xavier Lucas and his camp tried to pull this off, they probably already had contingencies in place. Concurrently with signing the deal, it is alleged that the Miami Hurricanes already spoke to Lucas about coming to South Florida. If true, this is obviously not allowed because other schools can’t speak to players unless they’re in the portal. Which Lucas never was. These allegations aren’t far-fetched if you know who his legal counsel is. Darren Heitner, who specializes in sports law. Also teaches NIL law at the U of Miami. The plot thickens.

“Let’s clear something up. Xavier Lucas owes Wisconsin NOTHING. The school is holding him hostage,” said Darren Heitner on affairs over on X.  “It’s disgusting, illegal, and will be crushing for recruiting. Wisconsin can easily do the right thing and place him in the transfer portal. The silence on their end is deafening.” Heitner has stated that while his initial goal was to achieve resolution “peacefully”, he shall pursue litigation in court if required. No matter which party you side with, seeing this boil over to the courtroom is not a good look for the sport.

Wisconsin has yet to take a public stance on this. It does appear this situation will indeed be escalated to the courts. Both sides must be feeling fairly good about their chances. Xavier Lucas has, unfortunately, burned bridges with the fans, if not the school itself. Expect this one to drag deep into the offseason. This case is a microcosm of the overarching change in College Football. The final decree could dictate how other players use the power bestowed upon them by NIL and the transfer portal.