There are many issues with Wisconsin's statement:
1. It cites a "binding two-year NIL agreement," but current NCAA rules do not currently allow institutions to provide compensation in exchange for an athlete's NIL, and the agreement says it is subservient to NCAA rules.
2. Wisconsin is treating an NIL agreement as an employment contract while concurrently seeking to establish that the agreement doesn't create a fiduciary relationship between the parties.
3. Wisconsin has still failed to justify preventing Xavier Lucas from entering the transfer portal under NCAA rules. Under NCAA rules, which the MOU is subservient to, Wisconsin is not permitted to refuse to enter a player into the portal within two business days of a player's request.
4. Wisconsin has now admitted in writing that it attempted to restrict player movement rights protected under NCAA rules and antitrust law.
5. Wisconsin has sent mixed messages, claiming that Xavier Lucas is a "valued member" while impliedly threatening legal action. Similarly, it has claimed to care about Xavier Lucas' growth when its prior act of restricting his ability to transfer shows otherwise.
6. Wisconsin has made serious allegations about "impermissible contact" without providing any evidence. It is speculating in the same way that many have publicly speculated that Wisconsin communicated with other players before they entered the transfer portal.
7. Wisconsin claims that this is a "significant moment in college athletics" while it is the bad actor that sought to restrict a player's movement under a contract completely contingent on a settlement agreement that has not yet been finalized and before any consideration has been paid to Xavier Lucas. It seems to miss that its approach is part of the problem.
Overall, Wisconsin's statement, which may subject it to a FERPA violation, is legally and ethically concerning. Separately, the Big Ten's statement ironically calls for "governance reform" while attempting to exercise control over an athlete's choices. The Big Ten is petrified that it is losing institutional control and that its template contract, which Wisconsin and other schools are using, will be deemed unenforceable and illegal.
All of this shows why it is so important for athletes to gain more rights and escape the grip of institutional control.
In a statement, Wisconsin suggests that it will pursue legal recourse related to DB Xavier Lucas, who signed a rev-share deal with UW and then left for Miami.
UW says it has "credible information indicating" that Miami tampered with him.
A landmark case in college sports.