CIF approves T.A. Cunningham's hardship waiver, declared eligible

Nakos updated headshotby:Pete Nakos09/26/22

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T.A. Cunningham will be back on the football field this week, playing in his first game for Los Alamitos High School.

The 2024 defensive lineman had been ruled ineligible for the season by the California Interscholastic Federation. Following the CIF’s initial decision, the Cunningham family brought on Michael Caspino, who works for Forward Counsel located in Newport Beach, California.

Cunningham’s request for an emergency restraining order in an Orange County Superior Court was denied earlier this month. The restraining order, entered into court by Caspino, would’ve blocked the CIF’s Southern Section from deeming him ineligible.

Orange County Judge Layne H. Melzer said following his decision that the Southern Section had until Sept. 27 to complete an undue influence investigation, examining whether the Los Alamitos coaches had any sway on Cunningham transferring to the school.

Ultimately, the CIF decided it did not have the evidence to shut down Cunningham for the season. The four-star’s decision to move to California has been coated in NIL controversy. With offers from Georgia, TennesseeFlorida State and Texas, he’ll have his choice of where he plays his college football.

But the Cunninghams did not know their next step when the family was evicted from their house on June 13. They were out in Los Angeles taking unofficial visits to USC and UCLA. California emerged as a viable option. With high schoolers able to monetize their NIL, T.A. Cunningham could start to profit and bring in cash. 

In the case denied in Orange County Superior Court, Caspino laid out how Levels Sports’ Justin Giangrande and Chris Flores — better known as Coach Frogg — brought Cunningham to California. Eventually, the two parties worked out a contract, which was included as an exhibit in the court case. A deal was signed on June 28, where Level Sports would take a 20% commission on every deal, plus any expenses incurred. Levels Sports held limited power of attorney, and either party could terminate the contract within 30 days. 

The deal has since been terminated. All Level Sports activity has been put on pause. On July 7, T.A. Cunningham announced he was leaving Georgia and transferring to Los Alamitos. And on August 12, Coach Frogg was arrested for allegedly sexually assaulting a 14-year-old girl multiple times in 2021. 

T.A. Cunningham’s future

Up until Monday morning’s decision, T.A. Cunningham’s football career was on pause. The 6-foot-7, 275-pound defensive lineman was patiently waiting for a decision on when he could get back to playing competitive football.

Now he will be able to make his return with five games remaining on Los Alamitos’ regular-season schedule. Up first will be a trip to Newport Harbor on Friday night.

But now he’s back to focusing on X’s and O’s. Cunningham’s situation may be resolved, but it will not be the last time a highly-touted prospect leaves their home state for the potential to make NIL cash. Multiple sources have indicated to On3 multiple members of the 2023 and 2024 recruiting classes have been approached about the idea of moving to California for NIL.

Nothing is stopping high school athletes from moving across the country to Washington, D.C., Louisiana or New York – all states that allow high schoolers to turn a profit. Major talent-rich states Texas, Florida and Georgia prohibit NIL. There’s now cash to be made before reaching even the college ranks. 

Cunningham’s situation should be seen as a warning sign of just what could go wrong.