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Why Wisconsin CB just sued NCAA

Originally posted on NCAA Football on ClutchPoints
By Brayden Haena | Last updated Jan 30, 2025 1:48 PM ET

On Wednesday, Wisconsin cornerback Nyzier Fourqurean filed a lawsuit against the NCAA, challenging the organization’s decision to deny him an additional year of eligibility. The suit, filed in the U.S. District Court in Madison, Wisconsin, argues that his two seasons at Division II Grand Valley State should not count against his five-year eligibility clock and that the NCAA’s ruling unfairly limits his ability to earn from name, image, and likeness (NIL) opportunities.

Fourqurean is seeking immediate injunctive relief. If he is not granted another season of college eligibility, he must declare for the NFL Draft by Feb. 7. He played two years at Grand Valley State before transferring to Wisconsin in 2023. The NCAA denied his request for a waiver that would have extended his eligibility, prompting him to take legal action.

The lawsuit contends that the NCAA’s eligibility rules violate the Sherman Antitrust Act by restricting economic opportunities for student-athletes who transfer from non-Division I schools. “Preventing college student-athletes like plaintiff that attended Division II schools from competing in a third and fourth year of NCAA Division I football due to prior attendance at a Division II school, therefore limiting their economic opportunities to participate in the NIL marketplace available to Division I athletes, and otherwise unreasonably restrain competition in violation of Section 1 of the Sherman Act,” the lawsuit states.

Wisconsin DB Nyzier Fourqurean believes he has a strong case against the NCAA

Fourqurean’s legal team also argues that his 2021 season at Grand Valley State should not count against his eligibility due to extenuating circumstances. That year, he was dealing with the emotional and physical toll of his father’s death, which impacted his training and performance.

Wisconsin’s coaching staff encouraged Fourqurean to explore legal options after Vanderbilt quarterback Diego Pavia successfully sued the NCAA over similar eligibility restrictions for junior college transfers. Pavia was granted an injunction in December, allowing him to return for another season. “From what I heard, we have a very strong case,” Fourqurean said. “Obviously, it’s not the exact same as (Pavia), but we didn’t get compensated at the Division II level and Division III levels. It’s pretty similar to the juco situation when it comes to economics.”

The NCAA recently approved a blanket waiver granting an extra year of eligibility to former junior college transfers, but it did not extend the same benefit to players transferring from Division II or III programs. This discrepancy is at the heart of Fourqurean’s case, as he argues that the NCAA is treating similar situations inconsistently.

If successful, Fourqurean’s case could set a precedent for other Division II and III athletes seeking additional eligibility. In the meantime, he continues training for Wisconsin’s Pro Day while awaiting a ruling on his lawsuit.

This article first appeared on NCAA Football on ClutchPoints and was syndicated with permission.

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