From the Basketball Court to Spokane County Superior Court: Tyon Grant-Foster Granted Injunction to Play for Gonzaga

Playing History

Tyon Grant-Foster is no stranger to NCAA men’s basketball. Grant-Foster began his collegiate basketball career as a member of the class of 2018, playing two seasons at Indian Hills Community College (a non-NCAA institution) before transferring to Kansas for the 2020-2021 season. Following his stint at Kansas, Grant-Foster transferred to DePaul. During DePaul’s first game of the season, he collapsed. Grant-Foster’s next 16 months were full of medical testing and multiple heart surgeries, ultimately leading to a diagnosis of arrhythmogenic cardiomyopathy. 

Grant-Foster returned to the court for the 2023-2024 season playing for the Grand Canyon University Antelopes in Phoenix, Arizona. In his first season with the Lopes, he led the team to the NCAA tournament and its first tournament win over Saint Mary’s. Grant-Foster was the Western Athletic Conference (WAC) player of the year and averaged 14.8 points per game. He returned for the 2024-2025 season where he again led the Lopes to the NCAA tournament before transferring to Gonzaga for the 2025-2026 season. 

NCAA Eligibility

In NCAA athletics, athletes have five years to play four seasons of collegiate sports. Unfortunately, his life-saving heart surgery ate up a year of eligibility. Grant-Foster requested an eligibility waiver that would allow him to play at Gonzaga for the 2025-2026 season. The NCAA denied his waiver request. Gonzaga appealed and requested reconsideration, which was denied. Grant-Foster then filed suit in Spokane County Superior Court requesting a preliminary injunction that would allow him to play for the 2025-2026 season. 

From the Basketball Court to the Courtroom

On Wednesday, October 22 the NCAA filed a notice of removal, which was 24-hours before Grant-Foster’s preliminary injunction hearing. Grant-Foster’s attorneys timely filed a motion to remand. On Friday, October 24, the United States District Court for the Eastern District of Washington granted Grant-Foster’s motion to remand. The Court stated that the court did not have subject matter jurisdiction because the NCAA did not identify a single federal issue in the complaint. Thus, the injunction hearing was set to be heard in Spokane County Superior Court on Monday, October 27 with Judge Marla Polin. 

In a 2.5 hour-long hearing on the preliminary injunction, Grant-Foster’s lawyers argued that Grant-Foster was being discriminated against by the NCAA because of his disability. Washington Court Rule 65 states that to prevail on a preliminary injunction, the Plaintiff must show that (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party her or his attorney can be heard in opposition, and (2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the applicant’s claim that notice should not be required. Grant-Fosters attorneys argued that he is a member of a protected class, and that the NCAA cannot discriminate against him. In Washington state, it is unlawful for any person or institution operating a place of public accommodation — including public and private colleges — to discriminate based on the presence of any sensory, mental or physical disability.

In addition to the arguments that the NCAA was discriminating against Grant-Foster because of his disability, Grant-Foster’s main argument surrounded the blanket waiver allowing junior college athletes to have an extra year of eligibility if their eligibility was set to expire at the end of the 2024-2025 season. This was based on the decision from a District Court in Tennessee that granted quarterback Diego Pavia a preliminary injunction that allowed him to play a sixth season of college football. 

The Verdict is In

On the day of the injunction hearing, Gonzaga was set to play an exhibition game against Eastern Oregon. Judge Polin found that Grant-Foster is a member of a protected class and cannot be discriminated against because of his disability. She also said that Grant-Foster would be harmed if he did not play for Gonzaga this season, thus granting him an injunction. One hour after the hearing, Grant-Foster went straight from the courthouse to the Kennel, and started in the Bulldog’s exhibition game. 

Shelby Stevens is a civil litigation attorney and is a graduate of Gonzaga University School of Law. She was most recently the Pacific Northwest law school representative for the Conduct Detrimental law student board from 2024-2025.