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Xavier Lucas’ Attorney Speaks on Wisconsin Transfer Portal Controversy

Prominent sports attorney Darren Heitner has accused Wisconsin of violating NCAA transfer portal rules by blocking Xavier Lucas’ entry, threatening legal action.

Noah Henderson

Wisconsin cornerback Xavier Lucas (6) is shown during the first quarter of their game against South Dakota Saturday, September 7 , 2024 at Camp Randall Stadium in Madison, Wisconsin.Mark Hoffman/Milwaukee Journal Sentinel
Wisconsin cornerback Xavier Lucas (6) is shown during the first quarter of their game against South Dakota Saturday, September 7 , 2024 at Camp Randall Stadium in Madison, Wisconsin.Mark Hoffman/Milwaukee Journal Sentinel / Mark Hoffman / Milwaukee Journal Sentinel / USA TODAY NETWORK via Imagn Images
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Former four-star cornerback Xavier Lucas has been involved in one of the most unique transfer stories in recent memory. After playing his freshman season at the University of Wisconsin, Lucas decided, like many college athletes, to enter the transfer portal to explore other options for his sophomore campaign. 

The true freshman received a solid amount of playing time this season and earned exceptional PFF grades that, in any ordinary case, would make him a premier target in the transfer portal. 

On December 19, Lucas posted on X thanking the University of Wisconsin for his experience and declared his intentions to enter the transfer portal. His next post came as a shock to the entire college football community. Eight days after his initial post, on December 27, Lucas indicated that Wisconsin had violated the two-day window for entering an athlete into the portal and, according to Lucas, was refusing to release him. 

Lucas cannot sign with any other football programs without formally entering the transfer portal. The transfer window moves quickly, and without his ability to enter the transfer process, hundreds of other defensive backs in the portal will be able to land openings on rosters across the country. In the highly transactional world of college football, this delay could be the difference in tens of thousands of dollars in NIL compensation. 

Today, prominent sports attorney Darren Heitner indicated on X that Wisconsin has yet to enter Xavier Lucas into the transfer portal and that Lucas has retained him as counsel to rectify this concern. 

In an exclusive statement to NIL Daily, Heitner indicated that his client’s case is not only ripe but needs immediate reconciliation: “Xavier met all of the NCAA's requirements to be entered into the transfer portal and Wisconsin had two business days to process his entry; however, Wisconsin has thus far denied Xavier from entering the transfer portal despite Wisconsin being a voluntary member of the NCAA, which requires Wisconsin to abide by its rules. A federal judge has already ruled that it is illegal to hamstring athletes by limiting the choices that they have within the relevant market to find a Division I institution that provides the best environment for their academic, mental, and economic well-being (Ohio v. National Collegiate Athletic Association, No. 1:23-CV-100 (. Dec. 18, 2023)).”

Heitner further indicates that Wisconsin’s actions place them in jeopardy, “Wisconsin's act, to prevent Xavier from entering into the transfer portal under the NCAA's requirements, is even worse than the Transfer Eligibility Rule that was struck down by a federal judge.” Without prompt action from Wisconsin, Heitner indicates that Lucas “will promptly file a Complaint and an emergency motion for TRO/preliminary injunction, if necessary.”

The University of Wisconsin athletics department was contacted by NIL Daily on December 27 for a statement regarding the Lucas situation; however, no message was returned. 

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Noah Henderson
NOAH HENDERSON

Professor Noah Henderson teaches in the sport management department at Loyola University Chicago. Outside the classroom, he advises companies, schools, and collectives on Name, Image, and Likeness best practices. His academic research focuses on the intersection of law, economics, and social consequences regarding college athletics, NIL, and sports gambling. Before teaching, Prof. Henderson was part of a team that amended Illinois NIL legislation and managed NIL collectives at the nation’s most prominent athletic institutions while working for industry leader Student Athlete NIL. He holds a Juris Doctor from the University of Illinois College of Law in Urbana-Champaign and a Bachelor of Economics from Saint Joseph’s University, where he was a four-year letter winner on the golf team. Prof. Henderson is a native of San Diego, California, and a former golf CIF state champion with Torrey Pines High School. Outside of athletics, he enjoys playing guitar, hanging out with dogs, and eating California burritos. You can follow him on Twitter: @NoahImgLikeness. 

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