MADISON, Wis. — Wisconsin cornerback Nyzier Fourqurean filed a lawsuit against the NCAA on Wednesday seeking additional years of eligibility, claiming his two-year run at Division II Grand Valley State should not count because it unfairly limited his ability to make money from his name, image and likeness.
In the lawsuit, filed in the U.S. Western District of Wisconsin, Fourqurean argues that certain NCAA rules related to eligibility and transfer limitations — specifically the “Five-Year Rule,” the “Intercollegiate Competition Rule” and the “Three-Year Transfer Limitation Rule” — violate the Sherman Antitrust Act, to the extent that those bylaws “limit a student-athlete’s eligibility for Division I participation by their participation in a non-Division I school.”
“The bylaws pretend that athletic participation at a Division II college level affords athletes an equivalent opportunity as those participating in Division I, yet as a result of vast differences in NIL compensation and the soon to be implemented revenue sharing model between the divisions this is, at the very least, economically not true,” the lawsuit states.
In a conversation Wednesday night with The Athletic, Fourqurean said staffers at Wisconsin first approached him with the idea in early December soon after the regular season ended. Vanderbilt quarterback Diego Pavia sued the NCAA in November over its rules limiting the eligibility of former junior college players after transferring to a Division I school. Pavia was granted an injunction Dec. 18 to pursue another year of eligibility. Fourqurean said that suit served as the impetus for Wisconsin and Fourqurean to move forward.
“From what I heard, we have a very strong case,” Fourqurean said. “Obviously, it’s not the exact same as (Pavia). But we didn’t get compensated at the Division II level and Division III levels. It’s pretty similar to the juco situation when it comes to economically.”
Fourqurean said he filed suit after the NCAA denied a request for a hardship waiver that was made on his behalf by Wisconsin on Dec. 6. That request, which asked for an additional year of eligibility, stemmed from his freshman season at Grand Valley State in 2021. He appeared in 11 games and recorded 13 tackles that season but said he played sparingly and also was battling through the death of his father, who passed away before the season.
Fourqurean is seeking immediate injunctive relief because he must declare for the NFL Draft by Feb. 7.
The NCAA did not immediately respond to a request for comment. A Wisconsin spokesperson said the program and school declined to comment at this time.
Fourqurean, a native of Mentor, Ohio, said he has been training in Columbus, Ohio, in preparation for Wisconsin’s pro day on March 7. He also participated in the Hula Bowl in Orlando, Fla., earlier this month.
“I’ve just been handling my own part training for the pro day like I don’t have the extra year and I’ve kind of let my agent, the lawyers and Wisconsin do this on the back end so I could just focus on what I have at hand,” Fourqurean said. “If it is to get denied, then it is what it is and I’m going to just go on like I’ve been planning to go on. But we’re obviously going to exercise our rights and exercise and exhaust these things.”
Fourqurean said he had the support of Wisconsin’s entire staff and had spoken extensively with Badgers coach Luke Fickell. He said that even if he was granted two years, he only planned on using one.
Fourqurean transferred to Wisconsin after earning Division II Associated Press First-Team All-American honors as a sophomore at Grand Valley State. He played in 24 games with 17 starts in two seasons at Wisconsin, including all 12 games last season. Fourqurean finished the season with 51 tackles and one interception.
Wisconsin was decimated this offseason by cornerback departures. Amare Snowden, Jonas Duclona, Jace Arnold and Max Lofy all entered the transfer portal, while RJ Delancy III used up his eligibility. Wisconsin did not process cornerback Xavier Lucas’ transfer paperwork over a dispute related to signed NIL agreements, but he has since unenrolled from the school and is at Miami. Wisconsin currently has seven scholarship cornerbacks for next season, including returning starter Ricardo Hallman and offseason transfer additions D’Yoni Hill (Miami) and Geimere Latimer (Jacksonville State).
Fourqurean said he spent a few days considering whether to follow through with the lawsuit but ultimately decided to pursue it in what has the potential to be another landmark case.
“Pretty much the only reason I didn’t want to go through with it was from a public standpoint like this,” Fourqurean said. “It was kind of having to get over that. But I think it would be a blessing if it did get approved to be able to, like (Pavia) did, open the door for those types of players that are in a similar situation as me that take that next step to the Division I level and are going to be able to be compensated off of that and spread more exposure for those guys at the lower level.”
(Photo: Jordon Kelly / Icon Sportswire via Getty Images)
