The University of Wisconsin denied a request by Sportico to view its current athletes’ NIL deals, saying that sharing the information would harm the school and the state, Sportico reported Saturday.
Wisconsin said revealing the requested documents, even with information redacted, would “jeopardize the competitive position of the university” and is “detrimental to the public interest,” per Sportico.
The digital content company made a records request to view all “written agreements” between athletes and the university since the start of 2024.
“In the ultra-competitive landscape of Division I intercollegiate athletics, your request would force disclosure of information that allows the university to be competitive in the Big Ten Conference and at the national level,” said the emailed statement from Wisconsin’s public records custodian, per Sportico.
“The public has an interest in a strong and self-sustaining university system. The success of teams within the Division of Intercollegiate Athletics ensures the viability of all athletic programs, supports both the reputation and financial standing of the university as a whole, and is an economic driver for the city of Madison and state of Wisconsin.”
Wisconsin cited in part student privacy laws when denying the request, saying, “the information sought is relevant to current and future negotiations with student athletes and recruits.”
The university argued that releasing the information would put them at an “especially stark” disadvantage when trying to compete for athletes with other Big Ten schools, including private schools like Northwestern and USC as well as schools like Penn State which have “less stringent” requirements regarding open records, making them more attractive to potential athletes.
Although many states exclude NIL agreements from being subject to open records law, Wisconsin has not yet adopted any NIL legislation. A proposed state assembly bill failed to pass in 2024.
Sportico did not specifically request the records of defensive back Xavier Lucas, who made an unprecedented move by enrolling at Miami earlier this week without ever entering the transfer portal — and despite having recently signed a revenue-sharing agreement with Wisconsin.
Wisconsin reportedly refused to put Lucas’ name in the portal despite an NCAA rule requiring schools to enter a player into the portal within two business days of their request.
By not signing with Miami, Lucas seems to have avoided violating any NCAA rules for now, but if he intends to play for the Hurricanes, Wisconsin is expected to block the move in court.
