Wisconsin and VC Connect filed a joint civil suit against Miami Friday, alleging the Hurricanes tampered with the contracts of cornerback Xavier Lucas. Lucas committed to Miami in January, despite not being in the transfer portal. He claims Wisconsin staff refused to enter him into the portal when he requested it.
The case has the potential to be a landmark decision in the recent NIL legal battles, but opinions on it vary. ESPN senior writer Dan Wetzel appeared on the outlet’s June 25 episode of the College GameDay Podcast and gave his take.
“First off, I love it,” Wetzel said. “We have one school suing the other. Wisconsin sues Miami in Dane County Circuit Court. They didn’t go federal on this. Dane County Circuit Court, which is the county of Madison. They’re going for the home game against the Hurricanes. Jury trial. Stack the odds. I think they play ‘Jump Around’ before the closing arguments in Dane County Circuit Court. So, I’m guessing there will be a venue complaint return from Miami that we do not have standing in Dane County.”
Wetzel’s not sure how serious the situation is. After reading the case he thinks Wisconsin’s issue is with Lucas, not Miami. Based on the facts presented by the Badgers, Wetzel thinks the Hurricanes did in fact break NCAA Rule 13.1.1.3, which essentially states athletic staff or representatives of one school can’t contact student-athletes at another institution.
He went on to make a key point:
“Now, that’s an NCAA rule. Is this really tortious interference? I don’t know. What is an NIL contract worth? What is tampering? That’s really the issue,” Wetzel said.
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Legally, Wisconsin has the burden of proof in this case. The Badgers must successfully prove four different elements for Miami’s actions to be declared tortious interference.
Wisconsin needs to prove first that the situation involved a valid and operational contract. Then, they must show Miami’s actions caused the Badgers some type of loss and Miami was aware of the contract. Finally, Wisconsin will have to prove Miami’s actions “were intentional and deliberate so as to cause harm.”
Wetzel explained that Miami is accused of having a sit-down meeting with a coach and a booster.
“That is against 13.1.1.3. in my judicial opinion,” he said. “But does that really merit a lawsuit and what [are] the monetary damages? What are we trying to get out of it? You can’t make a kid go to school somewhere.”
The first question is one Wisconsin will have to answer to prove the second element of tortious interference: whether some type of loss, in this case monetary, was caused by Miami’s alleged tampering.
As for what the Badgers are “trying to get out of it,” Wisconsin and VC Connect are each seeking monetary damages for the harm they’ve suffered as a result of the tampering, as well as a declaration from the court that Miami’s actions constituted tampering. On a larger scale, this case has the potential to impact college recruiting.