MADISON, Wis. — Wisconsin’s cornerback Nyzier Fourqurean has initiated legal proceedings, arguing that the two seasons he spent playing at Grand Valley State, a Division II institution, should not be counted against his college eligibility.
Fourqurean, who completed his senior year with Wisconsin in the fall, submitted a legal brief to the U.S. District Court in Madison on Wednesday to support his case. This action comes after the NCAA declined his request for a waiver that would allow him an extra year of eligibility to continue his football career.
His legal challenge follows a precedent set by a recent case where a federal judge allowed Vanderbilt quarterback Diego Pavia, who had played for two years at a junior college, to gain an additional year of eligibility. While the NCAA is currently appealing the decision regarding Pavia, they have also issued a waiver permitting athletes who participated at non-NCAA institutions for more than a year to extend their eligibility if they risk exhausting it by the 2024-25 season.
Fourqurean enrolled at Grand Valley State in 2020, but his initial season was canceled due to the COVID-19 pandemic. He played there during the 2021 and 2022 seasons before transferring to Wisconsin in 2023. Without additional eligibility, Fourqurean would need to announce his decision to enter the NFL draft by February 7 to continue his football aspirations.
In his legal complaint, Fourqurean emphasizes that while the NCAA provided extra eligibility for players affected by the pandemic-shortened 2020 season, those playing in Division II were overlooked. He also pointed out that, as a Division II athlete, he missed out on name, image, and likeness (NIL) opportunities available to Division I competitors.
The complaint alleges that the NCAA’s failure to grant him a waiver and its restrictions on NIL opportunities due to his prior Division II status violate the Sherman Antitrust Act. Furthermore, it maintains that the NCAA is infringing on his contractual relationship with the University of Wisconsin.
Over the past two seasons, Fourqurean has been a pivotal player for Wisconsin, starting at cornerback and recording 51 tackles and one interception last season, contributing to the team’s overall record of 5-7.
Wisconsin’s Fourqurean requests court order arguing Division II participation shouldn’t impact eligibility limits.
