DECLARATION OF RAEOUAN BATTLE
I, RaeQuan Battle, being of sound mind and the age of majority, and having been duly sworn, state the following based on my personal knowledge:1. I am a member of the West Virginia University ("WVU") Men's Basketball Team. Before joining WVU, I played basketball at the University of Washington for the 2019- 20 and 2020-21 basketball seasons. Thereafter, I transferred to Montana State University ("MSU") and played there during the 2021-22 and 2022-23 basketball seasons.
2. Because I had transferred on a prior occasion, my ability to transfer to WVU from MSU for the 2023-24 basketball season was restricted by the NCAA's Transfer Eligibility Rule. Thus, in order to be eligible to play immediately, I needed to have a waiver approved by the NCAA. WVU applied for me to receive a waiver for immediate eligibility, as WVU and I believed that my circumstances fit with the NCAA's special circumstances criteria for waiver requests.
3. However, the NCAA recently denied my appeal for immediate eligibility at WVU. I am completely devastated by the NCAA's decision to deny me eligibility for the 2023- 24 basketball season. My decision to attend WVU was not like most transfers, as my transfer came when I lost my Coach at MSU. This situation that I, nor any college athlete, has any control over, severely affected me and my mental health; struggles that impact my everyday life. I will not detail the trauma that I have faced throughout my childhood and college life, but those who do know my story understand how badly I need the game of basketball as part of a comprehensive process to improve my well-being and mental health.
4. At the end of the 2022-23 season, I was presented with three (3) options.
5. My first option, staying at MSU, felt impossible even though I greatly appreciated my time there. With basketball being one of my main sources of constructive output, a welcomed escape from some of my issues, and thus a vital part of my mental health therapy, my head coach at MSU was my main stay of support and guidance for me as a student there. When he accepted a new role at another university, it took an immediate toll on me, and it became obvious to me that I would struggle greatly staying in the same place without him. Several mental health counselors I worked with agreed that seeking a new school would be the best thing for my mental health.
6. My second option was to follow my former coach to his new university. As NCAA rules state, I could have done this to maintain eligibility. However, graduating college has always been a priority for me, my family, and my tribe. In the process of exploring this option, I learned that my graduation date would be significantly set back if I choose this option. Given my professional goals, the support network I need, and the financial capabilities of my family, my educational goal needed to happen soon. At the time, I believed that the NCAA would understand the need to prioritize my academics and my special circumstance.
7. My third and final option was to trust the NCAA to understand a college athlete's need to meet both mental health and academic goals. I spent significant time working with my family, community leaders, and counselors to understand the intricacies of the two-time transfer waiver guidelines. We researched and inquired of institutions that had people in place that would understand my situation and the struggles I have endured in my life to get to this point. We felt like and determined that I met the guidelines for having special circumstances and a mental health waiver, so I entered the Transfer Portal.
8. When I visited WVU, I was candid about my personal struggles and academic goals. In response, the staff detailed the support that would be provided to me and assured me that I could graduate on time. My relationship with the program reached another level when I met now Head Coach, Josh Eilert. He had lived on a Native American reservation when he was younger, just as I had, and I quickly felt close to him. The solace I found in that relationship cannot be overstated.
9. I chose WVU after a careful search process and a thorough evaluation of my options, because my counselors and I felt I needed to attend a school that offered me the best opportunities for my well-being. I chose WVU in no small part because of their commitment and facilities to help me deal with those personal issues in a constructive way. I chose to play for WVU because Coach Eilert having spent significant time living on a Native American reservation and understood what I was dealing with and the struggles I was facing. I could instantly tell he understood where I was coming from and what I was dealing with. I knew this was the best place for my mental health and academic career. Since arriving at WVU, I have received incredible treatment and support for my mental health, advanced in and enjoyed my classes, and grown even closer to Coach Eilert. The state of West Virginia has become a second home to me, and my teammates have become a second family.
10. WVU basketball has offered me the outlet to carry a flag for Native Americans, my Tribe and my family, and turn what otherwise would be lifelong struggles into constructive growth as a person and as a Native American.
11. Being the first person from my Tribe to play Division 1 basketball and the first person from my Tribe to participate in the NCAA tournament is a beacon for other kids like me that are faced with these types of issues to not give up. That's the real promise of college sports and that is what the NCAA is supposed to be all about. Those are the values the NCAA often pays lip service to.
12. Anyone who watches or follows college athletics has seen, heard and been told over and over by the NCAA, especially in their advertisements, that they want the best for their college athletes' careers and wellbeing.
13. To the contrary, the NCAA has failed me and failed to follow through on its hollow words by ignoring basketball's impact on my mental health when the NCAA denied the appeal of my request for a waiver to play this season. I expected the NCAA to understand the totality of my situation and why I chose to enroll and compete at WVU this season. Instead, the NCAA has failed me, my family, my community, my team and everything they say they stand for when it comes to a college athlete.
14. It feels as though my mental health issues and my extenuating circumstances are not valid in the eyes of the NCAA and that is very painful to me. It is not lost on me that my issues - issues that are so common across Native American communities, yet so often discounted and ignored- are now being ignored and waved away by an NCAA (the same NCAA that does not count a single Tribal College or University among its members).
15. As I continue to fight the NCAA's unfair Transfer Eligibility Rule (and unfair application of the rule with respect to my case), I continue to receive support from Coach Eilert and WVU's Athletic Director, Wren Baker, who both realize the failure of the NCAA in this instance and the harm they are causing college athletes like me across the country.
16. Specifically, following the NCAA's decision, Eilert and Baker issued a joint statement of support noting that "RaeQuan clearly meets the criteria, but once again the NCAA has failed to do the right thing for the well-being and mental health of the college athlete. The right thing would improve the life of a young college athlete and correct his path to academic and athletic success."
17. The Transfer Eligibility Rule's restriction from allowing me to have immediate eligibility, simply because I have transferred more than once previously, is unfair and continues to irreparably harm me every day.
18. WVU is scheduled to play 31 regular season games during the 2023-2024 season. I am currently on the bench and have been unable to play in 6 competitive games thus far this season as a result of the NCAA's Transfer Rule. Ifl continue to sit through December, then that would mean missing 7 additional games (a total of 13 competitive games, which is almost half of the regular season schedule). Once these games have been played, they are gone. They will not be replayed in the future, and are quite simply opportunities for development, exposure, and joy which are lost. Every passing game that I miss only acts to further irreparably harm me.
19. Missing regular season games constitutes a significant impact on my opportunity develop as a player in game time conditions, develop in game experience with my team, showcase my abilities to potential employers and help my team advance to the NCAA tournament.
20. Entrance to the NCAA tournament requires regular season success by my team. The NCAA tournament provides a unique opportunity for exposure to the sport and players participating in the tournament. My absence from the team is likely to negatively impact WVU's ranking, selection to the NCAA tournament and may have life altering impacts on my ability to pursue a professional basketball career.
21. The time spent playing in and traveling for basketball games in the past has not (nor in the future would) prevent me from focusing as well on academics (as all college athletes must). Notably, I am still part of the team and still spend many hours a week practicing and engaging in other athletic activities, though I am not allowed to play in competitive games.
22. It is extremely difficult not to play the game I love so deeply and have sacrificed so much for. I have spent countless hours honing my craft and developing my skills to get the opportunity to play collegiate basketball. There is nothing like the feeling you get from competing against top level athletes with your teammates in front of packed arenas and fans watching on television.
23. Participating in competitive games is extremely important for my chances to pursue a career in professional basketball. It is an essential element of attracting interest from scouts, creating a statistical record, gathering experience and creating the possibility of a professional career. Not participating in competitive games significantly and severely impacts the possibility of being able to pursue a career as a professional basketball player.
24. Not participating in competitive games also significantly impacts my ability to pursue NIL compensation, impacting my immediate welfare and income. Sitting out even a few games is likely to have severe and lasting consequences on my ability to achieve a career as a basketball player and to pursue NIL compensation.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.
