NCAA files notice of removal, likely delaying Tyon Grant-Foster's preliminary injunction hearing

Grant-Foster was set for his hearing on Thursday in Spokane County

Gonzaga Bulldogs head coach Mark Few. | Photo by Erik Smith

The NCAA continues its fight against Tyon Grant-Foster and his eligibility to play for Gonzaga this season, filing a notice of removal to federal court on Wednesday at 4:03 PM, less than 24 hours before his preliminary injunction hearing.

This maneuver makes it now 'unlikely' the hearing will take place Thursday in Spokane, as previously planned, according to Theo Lawson of the Spokesman-Review. Effectively, the NCAA is claiming Grant-Foster's case should be heard in federal court.

This comes on the heels of Grant-Foster and his camp hiring Elliot Abrams, a prominent attorney from Raleigh, North Carolina, who has a history of going toe-to-toe with the NCAA — and coming out on top.

Abrams and Carl Oreskovich, a well-known civil rights attorney in Spokane, were set to represent Grant-Foster in Spokane County on Thursday, along with Mark Few, who is not attending WCC media day in Las Vegas in order to support Grant-Foster.

The hearing will determine if Grant-Foster can play for Gonzaga this year or not. If the judge grants the injuction, Grant-Foster would immediately be eligible and would ramp up in time to play for the Zags in their season opener against Texas Southern on Nov. 3. The NCAA would likely appeal, and even could attempt to expedite the appeal, but Grant-Foster's attorneys estimated that would take at least a year to be ruled on, and the request to expedite would likely not be granted.

Instead, the NCAA will find another way to delay what could have been some finality on this saga, which began in early June.

Gonzaga Bulldogs player Tyon Grant-Foster (7). | Photo by Mercedes Smith

Grant-Foster committed to Gonzaga on May 28, and the Zags had a waiver request filed with the NCAA barely a week later on June 6. From there, a game of denials, appeals, and more denials lasted just over four months when, on Oct. 17, the NCAA denied a request for reconsideration. Subsequently, Grant-Foster filed a lawsuit and had a preliminary injunction hearing set for Thursday, which the NCAA is now trying to further delay.

It's unclear how long this could slow down the process, but Gonzaga and Grant-Foster don't have time to lose.

Wednesday, Oct. 29, is critical — the final day winter sport athletes are eligible to accept financial aid from the school. If the injunction is not ruled on by then, Grant-Foster and Gonzaga may not be able to make things happen this season.

This story is continuing to develop.