Wisconsin cornerback Nyzier Fourqurean has been granted a preliminary injunction that permits him to maintain his college eligibility and play for the Badgers this fall. This decision was made by U.S. District Judge William Conley, who ruled just before the upcoming deadline for Fourqurean to opt out of entering the NFL draft. Fourqurean contended that his two seasons spent at the Division II institution of Grand Valley State should not count towards his college eligibility, leading him to take legal action after the NCAA rejected Wisconsin’s request for an eligibility waiver.
In his arguments, Fourqurean stated that the NCAA’s refusal to grant him a waiver infringes upon federal antitrust laws, limiting his opportunities for name, image, and likeness (NIL) income due to his previous attendance at a Division II program. The judge indicated that he granted the injunction based on the likelihood of Fourqurean’s success in his claims and the potential for irreparable harm without the injunction.
The NCAA issued a response to the ruling, expressing concern that such a decision could complicate matters further for student-athletes through altered enforcement of eligibility regulations that are designed to ensure fairness in competition. The organization emphasized its commitment to enhancing opportunities for student-athletes while calling for collaboration with Congress to create stable frameworks amidst the ongoing changes in legislation and court rulings.
Fourqurean began his journey at Grand Valley State in 2020, a year disrupted by the COVID-19 pandemic, and played the following two seasons before transferring to Wisconsin in 2023. His legal complaint highlighted the mental health challenges he faced following the death of his father in 2021, which affected his performance and training. While he participated in 11 games during his time at Grand Valley State, his playtime was limited to just 155 snaps.
In the recent court hearing, Fourqurean revealed that he earned $5,000 through NIL opportunities in 2023 and projected an income of $45,000 for 2024, claiming that a successful tenure with Wisconsin could potentially net him “hundreds of thousands” even though he currently does not have an official contract. He stated that he received no NIL revenue while at Grand Valley State.
Supporting Fourqurean’s case, a sports marketing consultant provided a projection estimating that he could earn between $250,000 and $500,000 if he played for Wisconsin this season. Fourqurean expressed concerns about his prospects in the NFL draft, implying he might be viewed as a late-round selection or undrafted free agent if he proceeded with this year’s draft.
Additionally, a declaration from his former coach at Grand Valley State revealed that Fourqurean was thrust into action in 2021 due to injuries among teammates, noting that he was not in an optimal physical or mental condition to compete. The coach remarked that under normal circumstances, he would not have played during that season.
Judge Conley acknowledged the NCAA’s apprehensions regarding the implications of granting Fourqurean relief, suggesting it could lead to a surge in litigation from other athletes contesting waiver decisions. However, he clarified that his ruling specifically addressed Fourqurean’s unique situation, ensuring that the NCAA must demonstrate the validity of applying their eligibility rules to him. This decision mirrors a recent case involving Vanderbilt quarterback Diego Pavia, who received a preliminary injunction for an additional year of eligibility after playing for a junior college.
Currently, the NCAA is appealing the ruling in Pavia’s case but has also established new criteria allowing athletes with more than one year at non-NCAA schools to compete for an additional year if they would have otherwise reached the end of their eligibility by 2024-25. Last season, Fourqurean achieved a notable performance with 51 tackles and one interception while starting in all 12 games for the Badgers, proving his capability on the field.
