What Nyzier Fourqurean’s Case Means For The Five-Year Rule

Wisconsin cornerback Nyzier Fourqurean became the latest college football player granted an injunction to allow him to play an additional year in NCAA Division 1 football – and it could signal another step in potential major changes to what playing in different divisions means for a student-athlete’s eligibility. Current NCAA eligibility rules allow student-athletes five years to compete athletically over the course of four seasons. 

There have been no major changes yet. However, after a ruling in a similar case granting extra eligibility to a junior college player, the NCAA extended additional eligibility to more student-athletes. It remains unclear if further changes will occur. 

Here’s what we know about Fourqurean’s case against the NCAA and what happens next.

Who Is Nyzier Fourqurean and why did he sue the NCAA? 

Fourqurean was a 2022 Associated Press Division 2 All-American at Grand Valley State before he transferred to Wisconsin in 2023. He started all 12 games for the Badgers at cornerback in the 2024-2025 season, making 51 tackles and one interception. He sued the NCAA in January, arguing that his five years, which NCAA athletes are eligible for their college playing career, shouldn’t include the two years he spent playing in Division 2. On February 6, a judge granted an injunction – meaning he can play another year at Wisconsin while the case moves forward. 

What Is His Argument Against The NCAA? 

Fourqurean filed his lawsuit after the NCAA denied his request for a waiver to allow him to play another year. In his waiver request, he cited circumstances at Grand Valley State where he didn’t perform well on the field and had limited playing time – a result, he said, of struggles following the death of his father. In his lawsuit, he argued that the NCAA violated anti-trust laws and is limiting his ability to receive NIL (Name Image Likeness) benefits and earnings by counting his two years at the Division 2 level against his five-year clock. 

Wait, Doesn’t This Sound Familiar? 

Yes! But also, no. Fourqurean’s lawsuit comes only weeks after a judge granted Vanderbilt quarterback Diego Pavia another year of eligibility. Pavia argued that the two years he spent at the junior college level shouldn’t count toward his five years of eligibility. His lawyers used the same argument, saying that the NCAA was violating anti-trust laws and denying him the opportunity to receive NIL benefits. Similarly, Pavia was granted an injunction. 

What Does the Judge’s Ruling Mean? 

The judge’s ruling allows Fourqurean to play for the Badgers as the case progresses. The judge wrote in his ruling that it narrowly applies to Fourqurean’s situation, writing “While defendant frets that the court’s decision will open the floodgates of litigation by encouraging every student-athlete dissatisfied with defendant’s waiver denial to come to court, the injunction entered here does not enjoin defendant’s Five-Year Rule altogether; instead, it narrowly enjoins defendant from applying the Five-Year Rule against this plaintiff without demonstrating that his unique circumstances should not give rise to an exception.”  

In other words, student-athletes shouldn’t assume that they’ll be granted more years of eligibility if they’re starting at the Division 2 level – at least from this narrow decision.  

Learn more about the difference between Division Levels

In a statement, the NCAA said: “The NCAA supports all student-athletes maximizing their name, image and likeness potential, but today’s ruling creates even more uncertainty and may lead to countless high school students losing opportunities to compete in college athletics. Altering the enforcement of foundational eligibility rules — approved and supported by membership leaders — that are designed to help ensure competition is safe and fair for current and future student-athletes makes a shifting environment even more unsettled.”

“The NCAA and its member schools are making changes to deliver more benefits to student-athletes, but the recent patchwork of state laws and court opinions continues to make clear that partnering with Congress is essential to provide stability for the future of all college athletes.” 

Do All Division 2 and Division 3 Players Now Have Another Year of Eligibility?  

After a judge granted Pavia an injunction, the NCAA allowed players who had reached their fifth year in 2024 and had played in junior college at the same time as Pavia an extra year. It’s still unknown if they will do the same for players in Fourqurean’s situation, but as of now, no. 

Division 2 and Division 3 players are still limited to five years regardless of division played. 

NCSA will continue to track the on-going court case in this matter and provide up to date NCAA news here on our blog. Check back here for further developments.