History is on Miami Hurricanes QB Tate Martell’s side to become eligible

In an extensive article in ESPN, history shows that Miami Hurricanes quarterback Tate Martell’s eligibility waiver should be granted. In the year since the transfer portal was instituted the majority of players that sought a waiver to gain immediate eligibility have been granted.

Tate Martell transferred to Miami from Ohio State to join his Las Vegas Bishop Gorman teammates Brevin Jordan and Bubba Bolden in Coral Gables. Jordan is a Rising Sophomore who signed with the Miami Hurricanes in the Class of 2018. Bolden transferred from Miami to USC six days before Martell.

Martell’s eligibility is being called into question after former Georgia QB Justin Fields was ruled eligible at Ohio State on Friday. The question that has come up is what exactly defines how a player will be granted a waiver to be eligible immediately as a transfer.

The NCAA has often lacked consistency over who, what, where, when, why and how they grant waivers. The ESPN article reported that 79 percent of transfers since the changes in how transfers are allowed and the portal were instituted are granted waivers to play immediately. That’s a big change from what previously was allowed.

In the past, players had to sit out a year no matter what their circumstances were. That has evolved since the graduate transfer was implemented. Players who graduate can transfer without their schools dictating where they go. The Miami Hurricanes have added at least four Graduate Transfers for the upcoming season.

Wide receiver K.J. Osborn from Buffalo, offensive tackle Tommy Kennedy from Butler, defensive end Trevon Hill from Virginia Tech and defensive tackle Chingozie Nnoruka from UCLA will all be eligible immediately for Miami with one season of eligibility remaining in 2019. That is going to be trickier with other players.

Bolden will have immediate eligibility. He played at USC in 2017 but sat out last season because he was suspended due to an alleged domestic violence incident. It was disproved, but Bolden had to go through a disciplinary committee at USC. He faced having to sit out 2019 and instead chose to transfer.

Martell’s case is entirely different. He redshirted in 2017 and then was the backup this past season to Dwayne Haskins who finished third in the Heisman Trophy. Fields gained immediate eligibility due to an alleged racist incident at a Georgia football game.

Fields had thought of joining the Georgia baseball team. Adam Sasser was the player in question who made the comment and has since been dismissed by the Bulldogs baseball team. Martell is using the mess that has been the Ohio State coaching staff since last summer to gain immediate eligibility

Martell is stating that former Ohio State coach Urban Meyer’s three-game suspension at the beginning of the season, subsequent retirement and being replaced by Ryan Day are reasons that he should be eligible immediately.

"Martell’s attorney Travis Leach told ESPN that he believes the burden of proof should be on the NCAA to determine why a player should not be eligible. “It should really be the burden of someone else to disprove that.”"

Arkansas based attorney Thomas Mars worked with both Fields and Michigan’s Shea Patterson on their transfers. Patterson gained immediate eligibility after transferring from Mississippi following the 2017 season. Mars also spoke to ESPN about eligibility after transferring.

"“The rule passed last April is intentionally very vague…Who knows what mitigating factors or circumstances means?It begs the obvious question…Why are the NCAA member institutions still trying to put lipstick on this pig by retaining a rule that exists only so they can continue to treat student-athletes like assets on their balance sheet?”"

Leach admitted to the Toledo Blade that they were going to try and use as many reasons as possible to get Martell eligible.

"“There were some things that happened at Ohio State that we can potentially get some relief from the NCAA, and we’re going to try it that way,The coaching staff turnover is an issue. There are a few things. There’s no real bright-line test that tells you 100 percent how you can get a waiver. This is a tough one, but there are some good facts on his side. You try to throw as much against the way as you can.”"

Several media outlets including 247Sports and Sports Illustrated have questioned the effectiveness of the Transfer Portal. It seems as if old school college football media and coaches don’t like players get more control. Attorneys like Leach, Ford and Miami Attorney Jason Setchen have advocated for the players.

Martell could become a trendsetter. He might be the player to take the portal to the next level and give the players autonomy. Martell could be the Curt Flood, Connie Hawkins and Spencer Haywood of major collegiate sports.