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The NCAA continues to fight against Gonzaga transfer Tyon Grant-Foster, in a saga that has gone on for nearly five months now.

Less than 24 hours before a preliminary injunction hearing in Spokane, the NCAA filed a notice of removal to federal court, which will likely delay the hearing and could jeopardize the 6'7 wing's chances of playing college basketball this season for Gonzaga.

Grant-Foster shared a very emotional post on Instagram shortly after the news was announced, exasperated by the lengths the NCAA is going to prevent him from suiting up for one more year.

"What did I do?" Grant-Foster wrote. "Why are they so against me? I'm being punished for a situation I had no control over? I really just want to know why? This ain't fair at all, keep dragging it along and prolonging it for what? What am I supposed to do after this, it's too late for ANYTHING ELSE."

Grant-Foster's attorneys, Carl Oreskovich, Andy Wagley, and Elliot Abrams, worked swiftly to respond to the filing, releasing a joint statement refuting the NCAA's claim that eligibility rulings cannot be challenged under state law.

“The NCAA’s filing seeks to take the case out of Spokane County Superior Court and send it to federal court on a ‘rare’ claim that the NCAA has never made before in these eligibility matters – that is, that NCAA eligibility rulings cannot be challenged under state law,” said the joint statement. “The NCAA’s filing makes numerous misstatements of fact and, we believe, is legally flawed at its core.”

Grant-Foster's representation is still hoping to get the case in front of a judge as soon as Thursday, even advising coach Mark Few to stay in Spokane instead of traveling to the WCC media day in Las Vegas. Assistant coach Brian Michaelson, as well as student-athletes Graham Ike and Braden Huff, will be in attendance.

The NCAA claims roughly 54 student-athletes have sued them in the past year, with 37 of those lawsuits seeking injunctive relief for an additional year of eligibility, like Grant-Foster. The NCAA has won "most of those cases," according to the document. The NCAA continues to assert Grant-Foster's eligibility has finished "because he had the opportunity to play four seasons of his sport”.

Grant-Foster played two years at Indian Hills Community College in 2018-19 and 2019-20 before transferring to Kansas for the 2020-21 season, where he played 22 games for the Jayhawks.

After that, he landed at DePaul but suffered a heart attack at halftime of his first game with the Blue Demons, which ultimately cost him the entire 2021-22 and 2022-23 seasons after another heart attack a few months later.

The 6'7 wing emerged again at Grand Canyon in 2023-24, winning WAC Player of the Year while scoring 20.1 points per game for the 'Lopes. He applied for, and received, a waiver to play another year at GCU in 2024-25, averaging 14.8 points.

Following the waiver approval for 2024-25, the NCAA made a rule change granting student-athletes who played at the junior college level an additional year of eligibility in response to the "Diego Pavia vs. NCAA" lawsuit.

Gonzaga does not have much time to get this sorted out. The season not only begins Nov. 3, but Oct. 28 is the final day winter sport athletes are eligible to accept financial aid from the school. If the injunction is not ruled on by then, Grant-Foster and Gonzaga may not be able to make things happen this season.

Grant-Foster’s attorneys did indicate they would meet with school officials to determine potential next steps if a ruling isn’t made before that date.

This story is continuing to develop.

MORE GONZAGA NEWS & ANALYSIS


This article first appeared on Gonzaga Bulldogs on SI and was syndicated with permission.

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