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Supporting Student-Athletes: A Call for Accountability in College Athletics

Posted by Paul Saluja | Jan 20, 2025

The recent dispute involving Wisconsin cornerback Xavier Lucas underscores a growing concern in college athletics: the lack of accountability and enforcement in contracts involving schools, conferences, and the NCAA. While student-athletes are held to high standards when fulfilling their commitments, the same cannot always be said for institutions, coaches, or governing bodies. At Saluja Law, we believe it is time to level the playing field and prioritize fairness, transparency, and accountability for all parties involved in college sports.

The Case of Xavier Lucas

Xavier Lucas signed a two-year binding Name, Image, and Likeness (NIL) agreement with Wisconsin Athletics, providing substantial financial compensation. Yet, when Lucas sought to transfer, Wisconsin refused to enter his name into the transfer portal, citing his NIL agreement and alleging tampering by the University of Miami. Lucas' attorney argues that Wisconsin has not paid any NIL compensation and that the agreement was contingent on unresolved terms. This situation highlights a fundamental issue: the imbalance of power between institutions and student-athletes.

Tampering Allegations and the Role of the NCAA

Wisconsin's claim of “credible information” about tampering by Miami raises serious questions about enforcement and transparency. If institutions and conferences fail to produce evidence of tampering or breach of rules, the credibility of such claims erodes. Simultaneously, the NCAA's inconsistent enforcement of tampering rules has allowed a culture of selective accountability to persist, undermining trust in the system.

The Double Standard in Contract Enforcement

While student-athletes are expected to honor agreements, coaches often operate with far greater latitude. High-profile coaches can negotiate with other schools, break contracts, and leave programs without significant repercussions. This double standard not only harms student-athletes but also erodes the integrity of college sports.

Consider the following:

  • Coaches can leave programs mid-season, often lured by lucrative offers, without penalty.

  • Institutions routinely fail to enforce non-compete clauses or penalties in coaching contracts.

  • Student-athletes, on the other hand, face strict rules and limited options when seeking to transfer or renegotiate NIL agreements.

Toward a Fair and Transparent System

To restore fairness and accountability, we propose the following:

  1. Uniform Enforcement of Contracts: The NCAA, conferences, and institutions must enforce agreements equitably, ensuring that schools and coaches are held to the same standards as student-athletes.

  2. Transparency in NIL Agreements: Institutions must clearly outline the terms and conditions of NIL agreements, including contingencies and payment schedules. This will prevent disputes like the one involving Lucas.

  3. Protection Against Tampering: The NCAA must develop a robust system for investigating and addressing tampering allegations, with clear evidence requirements and timely resolutions.

  4. Reform in Coaching Mobility: Introduce regulations that limit mid-season coaching changes and enforce penalties for contract breaches to ensure program stability and fairness.

Conclusion

The case of Xavier Lucas is a wake-up call for college athletics. As student-athletes take on greater roles in revenue generation and NIL partnerships, they deserve a system that respects their rights and holds institutions accountable. At Saluja Law, we stand firmly with student-athletes and call on the NCAA, conferences, and schools to lead by example. The future of college sports depends on it.

About the Author

Paul Saluja

Paul Saluja is a distinguished legal professional with over two decades of experience serving clients across a spectrum of legal domains. Graduating from West Virginia State University in 1988 with a bachelor's degree in chemistry, he continued his academic journey at Ohio Northern University, gr...

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