CaneSport goes inside the Xavier Lucas situation with his attorney as Miami & others wait on the sidelines: "It's a shame"

Xavier Lucas And The Portal vs. The University of Wisconsin. That could be a case coming soon to a court near you. Because in the first instance of its kind, a program has declined to put a player’s name into the portal despite the appropriate paperwork being filed, a clear violation of the NCAA’s rule that it must be entered within two business days. That would be Lucas, a former Miami-area star who many believe would like the opportunity to return close to home to play with friends and near his family at the University of Miami.

This morning Lucas hired attorney Darren Heitner, founder of Heitner Legal, who has a specialty in Sports, Entertainment, Intellectual Property & Business Law. He teaches NIL at Miami Law and represented Malik Benson recently in a successful challenge of the JUCO bylaw.

Heitner’s hiring is a final step for Lucas in a process that could end up settled quickly … or in a courtroom.

TRANSFER PORTAL TRACKER: Wisconsin CB Xavier Lucas could be intriguing prospect for Miami

With college programs enrolling for the spring semester in the next couple of weeks, there’s some urgency to the matter …. because otherwise Lucas will need to wait until after spring practice to try and enter again during the second portal window.

CaneSport spoke today with Heitner, who says he’s gotten no explanation as to why Wisconsin hasn’t put Lucas’ name into the portal. So far there’s been no movement and no NCAA hearing for Lucas as it regards to his getting into the portal, per Heitner.

“It’s a shame that Wisconsin has left everybody with no choice but to speculate, because no one has said anything publicly from the University,” Heitner said. “The NCAA hasn’t said anything.

“I’ve never heard of (this happening) before. Wisconsin is a voluntary member of the NCAA, which requires them two business days to submit his name into the national transfer database after he’s provided his documentation to compliance, which he did. He did so mid-December, and here we are a week into January and from my perspective every minute that he doesn’t have his name in the portal he’s being prejudiced because other schools are filling out their rosters.”

Heitner adds that “From my understanding it’s a case of first impression. I have not seen anything other than mere speculation on social media as to the justification for Wisconsin to preclude Xavier from entering his name into the transfer portal.”

Among the “speculation” is that Wisconsin has lost so many players to the portal – 23 – that folks within the athletic department are upset. Or that the Badgers feel there’s tampering going on and are trying to make an example of someone … in this case Lucas.

As to that latter theory, Heitner says that if litigation is ultimately filed then potentially any text message exchanges from or to Lucas, for example, could be revealed, although Heitner would fight that in discovery if the case got that far.

“I would object to the relevance of any such communication, because even if there was `tampering,’ that doesn’t give them any basis for preventing him from entering his name into the transfer portal,” Heitner said. “Maybe Wisconsin wants to bring a claim against a third party for some sort of tortious interference, but that wouldn’t be a basis for defense (to keep Lucas out of the portal).”

Heitner also points out that “I don’t even know what tampering is in this context (of a third party perhaps talking to Lucas’ agent, for example) because these aren’t employees of a University. That’s the first question. Secondly, if an agent for a player is reaching out to others to see how interested others may be in the player, how is that actionable? I don’t know what tampering is, I keep seeing the phrase thrown out on social media and in articles. But if we’re talking about some sort of tortious interference, I haven’t seen the necessary documentation or evidence that would make a case on such grounds.”

As for the process now? Heitner has reached out to a contact at the NCAA this morning seeking a speedy review of what’s happened. Depending on the response he gets and the NCAA’s willingness to look at Lucas’s case, he might then reach out to Wisconsin to try and come to a resolution.

“It’s not a formal appeal to the NCAA, I was only retained this morning – I reached out to a contact at the NCAA to explain the situation … and that we require immediate action,” Heitner said. “I’m waiting for a response. I’ll wait somewhat patiently, but not too long. If we don’t hear from the NCAA we’ll next go to Wisconsin directly.”

Short of either of those?

“If we continue to be stonewalled, we’ll escalate to litigation,” Heitner said. “We need action immediately.”

“I’d quickly draft a complaint as well as a motion for temporary restraining order and preliminary injunction and seek the court to provide use with emergency relief that puts his name into the transfer portal and allows him to transfer elsewhere,” Heitner adds. “Absent that I’d ask for extraordinary relief that gives him an exception to the rule as to the deadline by which he would need to enroll.”

Heitner says he’s “an optimistic guy” but is uncertain of any potential timeline or how this will play out.

“I’d like to think cooler heads will prevail when you have reasonable people who are involved in a situation,” he said. “If they don’t budge and continue to hold Xavier hostage then we will quickly figure out what their position is either in response to a motion that we file and/or in discovery.

“I’m hopeful it can be done without escalation or litigation, but we’re ready and willing if necessary. … If the NCAA throws its own hands up in the air I’ll still make every effort to communcate with all the decision-makers at Wisconsin who have been involved in this process to see if they are willing to change course before I file a lawsuit. But that needs to happen quickly.”