South Carolina transfer RB Rahsul Faison hires premier NIL lawyer to challenge NCAA

Earlier this week, South Carolina football coach Shane Beamer publicly expressed his frustration and disappointment with the NCAA. Specifically, Beamer is not happy with the NCAA’s lack of response regarding transfer portal addition Rahsul Faison. The former class of 2019 running back hasn’t been ruled eligible for the 2025 season despite the precedent of other players with junior college pasts receiving extra opportunities to play.
On Wednesday, Faison announced that he had hired premier NIL lawyer Darren Heitner to represent him in a potential challenge to the NCAA. Heitner confirmed Faison’s social media announcement with a post of his own. Said the attorney, “Rahsul Faison submitted his waiver request to the NCAA. I will be urging the NCAA to prioritize providing a decision on his request for an additional year of eligibility.”
It is worth noting that neither Faison nor Heitner indicated that they had yet filed any lawsuit against the NCAA.
For those unfamiliar with Heitner, there is no one better on the legal side of the NIL world. He teaches NIL Law at the University of Miami’s law school and commonly represents athletes. He also writes a weekly NIL newsletter that reaches thousands.
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Earlier this spring, Heitner represented South Carolina basketball wing Myles Stute as he sought another year on the court following a blood clot diagnosis that caused him to miss more than half of the 2024-2025 campaign. The NCAA folded and (rightfully) granted Stute a final season.
In Faison’s case, the facts support him receiving another year to play. He grayshirted at Marshall in 2019 before sitting out of football in both 2020 and 2021. Then, he played one year of junior college ball in 2022 before getting carries for two seasons at Utah State. In total, he’s played just three years beyond high school, and one of them was in junior college.
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Precedent would suggest that Faison and Heitner will have a strong case.
Diego Pavia is the most high-profile case as he will play his sixth season of college ball in 2025. Following a legal battle, the courts granted an injunction in favor of Pavia that essentially struck his two seasons of junior college from the record, allowing him to compete (and earn NIL money) for one more season.
Less than two weeks ago, courts in New Jersey granted a temporary injunction in favor of Rutgers defensive back Jett Elad to play in 2025. Elad also was a class of 2019 graduate with a junior college past. He saw snaps in one junior college season and four Division-I years.
South Carolina is hopeful that Faison will be present in a talented running back room this fall. Fellow redshirt seniors Oscar Adaway and Bradley Dunn, redshirt sophomore Jawarn Howell, and redshirt freshman Matthew Fuller are also on scholarship.
Faison enrolled at South Carolina after hitting the NCAA transfer portal this offseason. On3 considered him a 4-star transfer after rushing for over 1100 yards at Utah State in 2024.