Duke University reached a resolution with its former star quarterback, Darian Mensah, with both parties agreeing to move on.
In a statement, Duke Football wrote:
Duke University Athletics and Darian Mensah have reached a resolution that enables both parties to move forward.
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We are committed to fulfilling all promises and obligations Duke makes to our student-athletes when we enter into contractual agreements with them, and we expect the same in return. Enforcing those agreements is a necessary element of ensuring predictability and structure for athletic programs. It is nonetheless a difficult choice to pursue legal action against a student and teammate; for this reason, we sought to resolve the matter fairly and quickly.
Duke remains dedicated to the welfare of all student-athletes, and we appreciate them for the talent, dedication, and commitment to excellence they demonstrate both on and off the field. We also remain committed to upholding the integrity of our athletics programs and institutional guidelines. We thank Darian for his contributions to Duke University.
The university sued Mensah after he announced he was leaving the university and entering the transfer portal, despite signing a multi-year $8 million contract.
Mensah’s decision to enter the transfer portal came just weeks after he had released a video on social media, publicly announcing he would stay at Duke.
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“There were a lot of plans being made for the season that involved him. Hearing that he was thinking about entering the transfer portal and then ultimately when he did enter the transfer portal, there’s a little bit of surprise, and I think some disbelief around campus that he would make that switch so late before the portal closed,” said Abby DiSalvo, a Duke junior who serves as sports editor at The Duke Chronicle.
Mensah was second nationally in passing yards and tied for second in passing touchdowns this past season, where he led Duke to its first outright ACC title since 1962.
“The ending carried a lot of momentum for the program, and you got to see some of that energy around the Duke football program. The student section had pretty good turnout for the majority of the year,” said Ranjan Jindal, a Duke senior who serves as senior editor of The Duke Chronicle.
Upon Mensah announcing his intention to enter the transfer portal, Duke took legal action.
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“I had no doubt that given the amount of money that was at stake and the amount of money that had been transferred over to Darian Mensah, that Duke was serious about its contracts,” said David McKenzie, a Duke alum and Triangle lawyer.
Duke alleged that Mensah violated his NIL agreement with the school.
“This wasn’t an agreement that was with some random NIL collective; this was with Duke University. And so Duke had every reason to sue Mensah to seek the injunctive relief and to enforce its contract,” McKenzie said.
Last week, Duke entered Mensah’s name in the transfer portal, but he was prohibited from enrolling at another school.
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Ben Byrd, a Duke football fan and trial lawyer, said he understood Mensah’s desire to seek more money elsewhere, but took particular issue with the timing of his announcement, which came on the last day the transfer portal was open.
“This is an agreement that is enforceable just like any other. Mensah was getting paid, presumably based on the reporting, a lot of money. Duke made a commitment to him for two years. They built this team around him, signed guys around him, got guys involved around him. That roster was built, and a lot of money had been paid, and the program had been built with the assumption that he was going to come back for another year,” said Byrd.
Details of the settlement between Mensah and Duke are confidential, though both Byrd and McKenzie said they believe Duke’s decision to take legal action extended past this particular case.
“Duke had an enforceable contractual right here, and you can’t just roll over on that and act like it’s nothing. I’m sure Duke is getting paid a pretty penny about this. To your point, we’ll never know (the amount). But these contracts have to mean something. Otherwise, what is the point of doing them?” Byrd said.
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McKenzie added, “The last thing you need in business or in education is to be tagged as somebody who’s not going to enforce their contracts. And this instance is very clear. Duke was prepared to enforce it. They filed the arbitration agreement, arbitration demand, and then they saw provisional relief at the trial court. It was some good lawyering.”
Duke and Mensah were due in court Thursday before the announced settlement.
“If you can’t put teeth to your contracts in a situation like this and you can’t enforce it, then what can you enforce it for? And so I think this was about Darian Mensah. But I think in a broader context, this was about basketball as well. There is serious money being exchanged and will be exchanged in the future,” said McKenzie.
In announcing the settlement, Young Money APAA Sports, which represents Mensah wrote:
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We are honored to represent exceptional athletes, their families, and, in this case, it has been our privilege to stand alongside Darian Mensah and those closest to him.
Through close collaboration and principled negotiation, we have successfully navigated an unprecedented oath, one that has now reached a fair and mutually agreeable resolution.
We commend Darian for his extraordinary professionalism, maturity, and unwavering commitment to making the decision that best serves his future and his family. His approach throughout this process exemplifies the highest standards of character and integrity.
With that foundation in place, we are pleased to announce that Darian Mensah, supported by our team of legal counsel and Young Money APAA Sports, has reached a settlement agreement with Duke University.
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Darian extends his sincere gratitude to Duke University for engaging in good-faith discussions and reaching this resolution. He wishes the Blue Devils, Coach Diaz, the staff, and the entire fan base continued success in the seasons ahead.
Darren Heitner, an attorney representing Mensah, wrote:
Proud to have served as counsel in reaching a fair resolution between Darian Mensah and Duke University. I commend all parties for their professionalism throughout.
McKenzie and Byrd were not surprised by the news of the settlement.
“Ultimately, that’s what it would come down to is there a monetary amount that will adequately compensate Duke for not having Darian Mensah play next year or be on the football team? I guess if you follow the terms of the licensing agreement, I think the answer (is) probably yes, so a settlement makes sense,” Byrd said.
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Despite the loss of Mensah, Jindal and DiSalvo still expressed confidence in the program’s future.
“I do think they still have a really strong coaching staff, and there are key players who are returning for next season, so those players will be exciting to watch. I think Duke football has always had its ups and downs. There’s always been development, there’s always been uncertainty. So I think a lot of fans don’t really expect that to change, and they’re looking forward to seeing how next season goes,” said DiSalvo.
“I think both coaches, Mike Elko (and) Manny Diaz, have set that precedent, and I think it will continue. It’s still tough to hear something like this. But the culture that Duke football has built over the past few years, I don’t think that’s going to change with this departure. I think if anything, it might even make it stronger,” Jindal said.
Past this situation, both Byrd and Jindal discussed possible broader effects within college athletics and contracts.
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“I hope that this eventually results in these students becoming employees. They are employees under any conceivable test of employment. They are absolutely employees. But if you go ahead and make them employees, maybe there’s some reasons that you’ve highlighted that schools don’t want to do that. One, they might be subject to workers’ compensation benefits. There could be some big payouts in career-ending injuries,” Byrd said. “Maybe a lot of the southern schools that are right-to-work states do not want to deal with public sector unions, which a lot of these players would be in right now. But they are employees. When you have employment agreements, when you have high-dollar payouts, you have very highly paid players, (and) you can have things like non-compete or restrictions within a certain radius.”
Jindal also anticipated changes.
“This offseason proved that there’s going to have to be some increased regulation or somebody has to step up and declare whether we can just have pay-to-play contracts, whether this is going to be semi-employment contracts,” Jindal said. “Because right now, what’s happening is these contracts are masked as not pay-for-play, when in reality they read very much like that.”