Victory Vaka lost his Western Kentucky scholarship while grieving mother's death; now he's suing to transfer​

The former Western Kentucky defensive lineman is suing the NCAA for the right to use his final year of college eligibility at another school​

Former Western Kentucky defensive lineman Victory Vaka filed a lawsuit against the NCAA on Wednesday seeking a temporary restraining order that would allow him to transfer to Middle Tennessee or another school, his attorney Darren Heitner tells CBS Sports.

Vaka filed the lawsuit in a chancery court in Murfreesboro, Tennessee and is seeking an injunction allowing him to join another program after his scholarship was non-renewed in May. The lawsuit argues he'd suffer irreparable injury, loss or damage without temporary injunctive relief.

Vaka, a redshirt senior who transferred in from Texas Southern, flew home to California in early April to grieve his mom's death. Vaka told CBS Sports he always planned to return to Western Kentucky for the 2026 season. Nine days before his mom's funeral in May, he received a call from an assistant strength coach. Vaka said the coach provided him a summer workout plan and told Vaka he was expected back in June.

A few weeks later, on May 27, the Hilltoppers informed Vaka they were canceling his scholarship due to his failure to report with the rest of his team.

That designation of a "failure to report" prevented Vaka from entering the transfer portal under the NCAA's aid-and-reduction-or-cancellation exception.

Vaka was set to graduate in the fall. He had one remaining year of eligibility remaining. But with no ability to transfer, Vaka was left with no way to play his final season.

Vaka's agent, Jaykwon Jefferson, said multiple FBS schools would sign Vaka today if he were able to enter the portal. Western Kentucky filed a legislative relief waiver on Vaka's behalf. But the NCAA denied it and a subsequent appeal, leading to Vaka's lawsuit.

The 6-foot-3, 335-pound DT is a journeyman in college football terms. He's played for four schools and said he hoped Western Kentucky would be his last.

Looking back at the situation, Vaka said he could have communicated better. Other than Western Kentucky flying Vaka back to campus in mid-April and his call with the strength coach, the two sides had no communication between Vaka's mom's death and the staff asking him to report in late May.

Vaka said he told the staff at the time that he thought he could return in June, but offered to come back sooner to prevent his removal from the roster.

The unique situation ​

Western Kentucky did eventually help Vaka file a legislative relief waiver, but that process puts the Hilltoppers in a situation where they basically had to file a waiver against themselves, per CCHA Law partner Paia LaPalombara, because NCAA rules only allow schools to cancel scholarships under limited exceptions

"It's very unique," LaPalombra said. "The institution is filing a waiver essentially against itself. So, they're filing a waiver in support of a student athlete that is going against something that they ultimately said that they're not going to do -- (enter him into the portal)."

Vaka wasn't a high-profile transfer -- he played 171 snaps in 2025, and WKU signed him for $2,000 a month, per Jefferson -- and his text with the GM in May indicated the Hilltoppers were worried about Vaka maintaining his weight.
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Google AI: Defensive lineman Victory Vaka is a college football journeyman who has been associated with multiple programs throughout his collegiate career, with tracking documented on the Victory Vaka Profile on 247Sports.

College Football Career & School List

• • BYU Cougars: Committed in April 2021 and enrolled in January 2022 before later entering the transfer portal.
  • College of the Canyons: Transferred to the junior college program in August 2022, spending two seasons there.
  • Northern Arizona Lumberjacks: Played one season with the program.
  • Texas Southern Tigers: Played the 2025 season as a defensive lineman for Texas Southern.
  • Western Kentucky Hilltoppers: Transferred to WKU ahead of the 2026 season. However, his status became the center of a major national controversy and legal suit after WKU revoked his scholarship following a family bereavement.

Just sayin': This player was a Power 4 caliber recruit, had offers from top tier schools, and actually committed (and then decommitted) to both Texas A&M and Colorado before committing to BYU. The guy has a chronic case of the "transfers". With that being said; yeah, it does appear that he got the "shitty end of the stick" at WKU and should be given the opportunity to transfer to another school.