CofC player has first hearing after filing NCAA lawsuit

College of Charleston basketball player Ante Brzovic is scheduled to graduate from the downtown university on Friday with a degree in political science.

Brzovic’s future as a college athlete, however, will be determined in the next 48 hours.

Brzovic filed a lawsuit in federal court against the NCAA in April seeking another year of eligibility. He spent the better part of 90 minutes testifying on May 6 in a preliminary hearing to determine if the Croatian’s case can move forward against the NCAA.

U.S. District Judge David C. Norton is expected to announce his decision in the next couple of days.

The 6-10 Brzovic is entered in the NBA draft, but he has until May 28 to withdraw his name and return to play a fifth season of college basketball.

“This is a novel issue that will eventually be decided by the Supreme Court,” said Mark Peper, Brzovic’s co-attorney in the case. “Judge Norton understands Ante’s predicament. This is time sensitive. If Ante doesn’t get to withdraw his name, then the hearing doesn’t matter because he loses his eligibility.

“Judge Norton said he’ll make a thumbs up or thumbs down ruling as early as (May 7) and then would follow that up with a more lengthy order.”

The complaint argues the NCAA is violating federal antitrust law by not granting Brzovic a waiver and by limiting his economic opportunities to receive NIL benefits because of his prior attendance at a Division II school.

In the lawsuit, Brzovic’s attorneys asked the court to grant an injunction that would prevent the NCAA from enforcing its bylaws pertaining to its five-year eligibility rule.

Peper argued that Brzovic’s first two seasons at Southeastern Oklahoma State — a Division II program — were a missed opportunity under NCAA rules because he lost a year while adjusting to life in the United States.

If Norton grants the temporary injunction, Brzovic would be free to continue his college basketball career and sign with a high major program.

“If we win, that means he gets to play, and we will continue to fight the NCAA,” Peper said. “If he loses, then his career is over. Unfortunately, there is no remedy available to him.”

Brzovic enrolled at Southeastern Oklahoma in 2020 during the pandemic but redshirted as he learned English and adjusted to life in the U.S.

He transferred to College of Charleston before the 2022-23 season and made an immediate impact. This past season the 6-10 Brzovic led the Cougars in scoring (18.4 ppg) and rebounding (8.1 rpg).

Brzovic testified that he earned $75,000 in NIL income during the 2023-24 season and $300,000 this past year. He used the initial $75,000 to pay off his parent’s home mortgage.

Brzovic entered the NCAA’s transfer portal in March and immediately started to receive seven-figure offers from major programs. The offers ranged from $1.5 million to $2 million.

“The bottom line is that this isn’t all about the money,” Brzovic said. “It’s really about the circumstances when I first got to the United States. Money is a factor, of course, but not the only factor.”

In late March, Brzovic applied for a waiver seeking another year of eligibility, but the NCAA rejected the waiver April 1.

Brzovic is the second former Division II athlete seeking another year of eligibility.

Wisconsin cornerback Nyzier Fourqurean was granted a preliminary injunction in February that will allow him to maintain his college eligibility and continue playing football for the Badgers this fall.

U.S. District Judge William Conley issued his ruling just days after a hearing where Fourqurean’s attorneys argued the two seasons he played at D-II Grand Valley State shouldn’t count against his college eligibility.