SPOKANE, Wash – The NCAA wants a federal judge to hear the case regarding a Gonzaga transfer and whether or not he should be eligible to play this season, rather than a Spokane County judge.
The NCAA denied Tyon Grant-Foster’s waiver to play for Gonzaga this year, based on how long he’s played college basketball.
Grant-Foster’s college career started in 2018 where he played two seasons at a junior college. He also played one season at Kansas before transferring to DePaul.
In his first game at DePaul, he suffered a medical emergency which revealed a serious heart condition and he wasn’t cleared to play basketball until 2023.
He played two seasons at Grand Canyon University and transferred to Gonzaga at the end of last season.
The NCAA rules state that players can compete in four seasons over five years, but Grant-Foster was granted extra eligibility because of the COVID year and the way the NCAA treats junior college competition.
The NCAA denied Grant-Foster’s transfer waiver in June. Gonzaga asked for reconsideration, which was denied. Gonzaga then filed an appeal, which the NCAA also turned down.
Grant-Foster is now challenging that in Spokane County, asking a judge to issue an injunction that would allow him to play.
On his Instagram story Wednesday night, Grant-Foster posted “Why are they so against me? I’m being punished because of a situation I have no control over.. What am I supposed to do after this, it’s too late for anything else.”
Gonzaga Coach Mark Few said Grant-Foster’s situation should be seen as exceptional because of the serious medical issue that sidelined him from basketball for two seasons.
Attorneys argued that the matter needed to be decided quickly because Grant-Foster’s scholarship needs to be in place by October 28th. They also stress the urgency because the season is now getting underway.
A Spokane County judge was set to hear arguments in the case Thursday, but late Wednesday afternoon, the NCAA filed a motion in federal court to have the case moved there.
‘Wave of Litigation’
In its motion in federal court, the NCAA calls this “part of a wave of litigation against the NCAA in courts across the country.”
The organization says Grant-Foster is the 54th athlete to sue the NCAA in the last year.
“The NCAA has won most of these cases, with many courts concluding that the NCAA’s member institutions’ adoption of rules to determine who is eligible to play college sports is not only legally permissible but essential to defining what makes college sports unique—that they are played by college students,” the filing reads.
The NCAA believes the issues Grant-Foster presents are more appropriately decided in federal court.
As of Wednesday evening, the Spokane County hearing is still scheduled for 3:30 Thursday.
The first hearing in federal court is not scheduled until November 21st.
Between now and then, Gonzaga has games scheduled against Texas Southern, Oklahoma, Creighton, Arizona State and Southern Utah.
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