Wiseman withdraws lawsuit vs. NCAA
Star Memphis basketball freshman James Wiseman has withdrawn his lawsuit against the NCAA, indicating a settlement could be in the works over his eligibility.
Wiseman and his legal team filed a notice of voluntary nonsuit Thursday in a show of good faith toward the NCAA just days before a hearing in Shelby County Chancery court was scheduled for Monday.
The firms representing Wiseman — Ballin, Ballin and Fishman, as well as Farese, Farese and Farese — issued a statement: “It has become clear to Mr. Wiseman that the lawsuit he filed last week has become an impediment to the University of Memphis in its efforts to reach a fair and equitable resolution with the NCAA concerning his eligibility status. Therefore, Mr. Wiseman advised his legal team that he wished to withdraw his lawsuit. There will be no further comment at this time.”
The University of Memphis subsequently declared Wiseman ineligible for competition and it will immediately apply for his reinstatement, according to a news release issued by the school. Pending that notification, Wiseman will be withheld from competition but will continue to practice with the team.
“The University is confident that the NCAA will render a fair and equitable decision consistent with its mission,” according to the school’s release.
If a “fair and equitable decision” cannot be reached, Wiseman’s motion to withdraw the lawsuit leaves the door open for a potential refiling.
Wiseman posted a brief message on Twitter shortly before noon Thursday. “Keep The Faith, Trust God, Continue on my Path, My Story isn’t Finished,” it
reads.
The NCAA declared Wiseman, the projected No. 1 overall pick in next year's NBA Draft, ineligible on Nov. 5. The NCAA'S ruling stemmed from an approximately $11,500 payment made by Memphis coach Penny Hardaway to Wiseman's mother, Donzaleigh Artis, in the summer of 2017. That's when she and Wiseman moved from Nashville to Memphis, where he enrolled at East High to play for Hardaway, who was the Mustangs' coach at the time.
Hardaway's financial aid was designated for “relocation and moving expenses,” according to a lawsuit filed on Wiseman's behalf on Nov. 8. The lawsuit was filed to obtain a temporary emergency restraining order against the NCAA, which would effectively allow him to continue playing for Memphis until they reached the next step in the legal process. The hangup, as far as the NCAA was concerned, was Hardaway's designation as a University of Memphis booster because in 2008 he donated $1 million to the school's athletic department to construct a sports hall of fame. NCAA rules state boosters are not permitted to “provide gifts or free or reduced-cost services to a prospect or the
prospect's relatives or guardian.”
According to the lawsuit, Wiseman was initially cleared for freshman eligibility in May. The NCAA later claimed the clearance was made “inadvertently” but said it would not reverse the decision per its own policy. On Nov. 5, Memphis was notified that Wiseman was likely ineligible. Wiseman's lawyers claimed the NCAA'S actions were “arbitrary and capricious.”
Wiseman has played in all three regular-season games for the Tigers. He leads the team with 19.7 points and 10.7 rebounds per game.
Reach sports writer Jason Munz at jason.munz@commercialappeal.com or on Twitter @munzly.