NIL & New Eligibility Issues in The NCAA

Written by Jared Marder

Student-athlete Nyzier Fourqurean sued the NCAA after being denied an extra year of eligibility.[1] Prior to joining the Wisconsin football program in 2023, he was enrolled at Grand Valley State from 2020 to 2022.[2] His 2020 season was abruptly cut short when COVID-19 swept the nation.[3] Additionally, the death of his father caused him to miss weeks of training and games during the 2021 season.[4] Nyzier argued that he had not played a full season since his senior year of high school in 2019.[5] As a result of both COVID-19 and his father’s passing, which caused him to miss significant time, Nyzier claimed he was entitled to an extra year of eligibility at Wisconsin.[6]

The NCAA rejected Nyzier’s application for a waiver of the five year eligibility window because of his two years at Grand Valley. [7] The NCAA rejected Nyzier’s contention that denying him another year would, restrict Nyzier’s ability to access additional NIL opportunities and help “develop his professional prospects.”[8]

Nyzier sought a temporary restraining order against the NCAA’s enforcement of his eligibility ban in federal court. [9]

Nyzier argued that the NCAA violated antitrust law by denying him an additional year of eligibility.[10] For Nyzier, another year of eligibility could mean another year of NIL opportunities.[11] While the case was pending, the judge granted a preliminary injunction that allowed Nyzier to continue playing.[12] While the case progressed, Nyzier continued to argue that the NCAA was infringing upon his ability to profit from his NIL deals.[13] Ultimately, the court ruled that the “NCAA’s decision could violate antitrust law and that missing a season would cause irreparable harm.”[14]

NIL is still relatively new and widely available to college athletes. However, there remains some inconsistency in how the NCAA handles eligibility and NIL-related matters. As lawsuits against the NCAA continue to emerge, it will be interesting to see if the NCAA develops a universal rule to provide greater consistency for student-athletes and member schools.

[1] https://apnews.com/article/wisconsin-fourqurean-ncaa-38a1542c7d62e52bde053dec8b7ddd6d

[2] Id.

[3] Id.

[4] https://www.espn.com/college-football/story/_/id/43624559/wisconsin-nyzier-fourqurean-sues-ncaa-eligibility-clock

[5] Id.

[6] Id.

[7] https://sportslitigationalert.com/one-argument-two-athletes-two-opposite-rulings-in-nil-case/

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.