Federal court rejects NCAA’s removal request in Tyon Grant-Foster case; Gonzaga player to appear at injunction hearing on Monday

The NCAA’s request to remove Tyon Grant-Foster’s eligibility case to a federal court was denied Friday and remanded to Spokane County Superior Court, according to a motion signed by U.S. District Judge Thomas Rice.

The Gonzaga transfer is fighting for another year of eligibility and should have his case heard during a preliminary injunction at 2:30 p.m. Monday in Spokane County, only a matter of hours before the Zags tip off against Western Oregon in a 6 p.m. exhibition game at McCarthey Athletic Center.

Judge Marla Polin, a graduate of Gonzaga Law, could make a ruling on Grant-Foster’s eligibility Monday. The player’s original injunction hearing was scheduled for Thursday before the NCAA filed a notice of removal motion, requesting that Grant-Foster’s case be heard by a federal court.

On Friday, U.S. District Judge Thomas Rice, also a Gonzaga Law grad, signed off on a motion remanding the case back to Spokane Superior County Court. In the legal document, Thomas determined there was no federal jurisdiction in Grant-Foster’s case.

“Federal question jurisdiction generally exists only when a federal question is presented on the face of the plaintiff’s properly pleaded federal complaint,” the document read.

The motion to remand also contends the NCAA failed to identify a single federal issue that the complaint raised, claiming “the only federal issue the NCAA references raises from a defense it apparently plans to assert; that is, that it would violate the United States Constitution to require the NCAA to comply with state antidiscrimination, state consumer protection, and/or contract law.”

A ruling Monday could be critical when it comes to Grant-Foster’s chances of suiting up for the Zags in 2025-26. Gonzaga has until Tuesday to honor winter sports scholarship and it’s not clear if the university would make an exception for Grant-Foster, who submitted his original eligibility waiver in early June.

The Grand Canyon transfer is relying on the court to conclude only one of his junior college seasons at Indian Hills Community College (2018-19, 2019-20) should count toward his eligibility, and that he shouldn’t be penalized for the seasons he spent at DePaul, where Grant-Foster suffered a life-threatening heart incident in the team’s first game and didn’t make another appearance for the Blue Demons in 2021-22 and 2022-23.

In denying Grant-Foster’s waiver appeal, the NCAA claimed the player’s case didn’t demonstrate otherwise extraordinary circumstances – which his legal team plans to challenge during Monday’s injunction hearing. Grant-Foster’s attorneys have also cited the well-known case of Vanderbilt quarterback Diego Pavia, who won a historic injunction against the NCAA earlier this year that prompted the governing body to approve a temporary blanket waiver giving former junior college athletes an additional year of eligibility.

Looking to transform his case into a class action for all NCAA athletes, the quarterback filed an amended complaint on Friday. If approved, the complaint could set a new precedent nationwide and permanently change the eligibility rules that apply to former JC athletes.

During Thursday’s West Coast Conference Media Day event in Las Vegas, Gonzaga assistant Brian Michaelson filled in for coach Mark Few, who was encouraged to remain in Spokane in the event Grant-Foster’s attorneys were able to schedule a last-minute hearing.

Michaelson alluded to the mental struggles Grant-Foster’s faced while awaiting word on his eligibility case.

“Right now we’re most focused on supporting Tyon, because it has been a rollercoaster,” Michaelson told the Field of 68. “It’s stressful for him and he’s really struggling right now mentally with kind of the uncertainty of it all. And then I think even more uncertainty today. It was expected for that case to be heard today and then there was a motion filed late in the day yesterday that made it iffy if that was going to happen today.

“So we’re even more up in the air. We’re back to kind of not knowing when the case will be heard. And that’s been really hard for Tyon and I think it’s been hard for the guys too.”

The player posted an emotional message to his Instagram story on Wednesday, shortly after learning the NCAA had filed a notice of removal, likely delaying Thursday’s injunction hearing.

“What did I do? Why are they so against me? I’m being punished because of a situation I had no control over? I really just want to know why?” Grant-Foster wrote. “This ain’t fair at all, keep dragging it along and prolonging it for what? What am I supposed to do after this, it’s too late for ANYTHING ELSE. Why me bro?”