SPOKANE, Wash – A Spokane County judge Monday said she would grant a college basketball player’s request for a preliminary injunction that would allow him to play for Gonzaga University this season.
Tyon Grant-Foster, who is 25 years old, came to Gonzaga this season after stints at Grand Canyon University, DePaul, Kansas and Indian Hills Community College.
He played only a half game at DePaul before collapsing, exposing a serious heart condition that sidelined him until the 2023 season.
NCAA rules say players can compete for four seasons in five years and denied Grant-Foster’s request for a waiver. Grant-Foster’s first season was 2018.
Gonzaga appealed and asked for reconsideration; the NCAA denied both.
Grant-Foster’s attorneys wanted the judge a Spokane County judge to grant a preliminary injunction, essentially bypassing the NCAA’s decision.
‘Future is at stake’
Grant-Foster argues he should be allowed to play because of that heart condition. He also points to eligibility rules about how his time in junior college should be counted.
Attorney Carl Oreskovich argued that Grant-Foster’s eligibility clock should have stopped during the time when he was at DePaul and could not play.
They also point to previous court decisions that did not count athletes’ time at junior colleges towards their eligibility.
Grant-Foster’s attorneys argue the NCAA is discriminating against him because of his disability.
“This is [a] young man whose future is at stake,” Oreskovich said.
Oreskovich pointed to exceptions given to athletes who serve in the military or religious missions and says Grant-Foster should be given the same consideration.
Grant-Foster’s attorneys argue that if he doesn’t play this season, it will harm his chances of being drafted into the NBA.
North Carolina-based attorney Elliott Abrams argued Grant-Foster didn’t get the health care he needed at GCU and he needs this season at Gonzaga to “rebuild his NBA career.”
“His future will fall apart if he doesn’t play,” Abrams argued, saying the NCAA will not be harmed by allowing Grant-Foster to play this season.
‘Waited until the eve of the season’
Attorneys for the NCAA argued that Grant-Foster suffered a heart emergency in the spring and should have known then he’d need to get a waiver for this extra season.
The NCAA attorneys say instead Grant-Foster “waited until the eve of the season” to file a lawsuit, challenging the NCAA’s decision.
The NCAA says Grant-Foster’s case is one of a “wave” of litigation arguing eligibility rules.
NCAA attorneys say no other player has asserted the claim that Grant-Foster has: the allegation he’s being discriminated against because of a disability.
“The NCAA did not treat [him] differently than anyone else,” attorney Matt Ralph said. “He got to play two seasons before he suffered his disability and two years after he suffered his disability.”
Grant-Foster had seven years to complete the four seasons, they argued.
NCAA attorneys say academics and athletics should align, which is why the five-year rule is in place.
To grant a preliminary injunction, a judge has to weigh the likelihood of the plaintiff prevailing in a lawsuit.
The NCAA attorneys say Grant-Foster’s attorneys haven’t proven that.
“There is not a basis for getting an extra season of competition,” Ralph said.
Because Grant-Foster played two seasons at GCU after his heart condition sidelined him, Ralph said that shows the NCAA did not discriminate against him.
“[He] wants extra time to play based on his disability,” Ralph said, where the state law only requires reasonable accommodation based on that disability.
Ralph said Grant-Foster did not prove irreparable harm, noting that he already has the attention of several NBA general managers, even before playing this season.
Judge Polin’s Decision
In weighing the arguments, Judge Polin said Grant-Foster is part of a protected class because of his disability and that he appears to have an exceptional circumstance that should be considered.
Judge Polin also said that there is a real concern that Grant-Foster would be harmed by not being allowed to play for Gonzaga this season.
From the courtroom to the basketball court
Time was of the essence for several reasons Monday.
First, Grant-Foster has until Tuesday to have his scholarship in place. Second, Gonzaga had a game to play.
Gonzaga hosts Eastern Oregon in an exhibition game at 6:00 Monday night.
Mark Few and several Gonzaga players were in the gallery, supporting Grant-Foster during the hearing.
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