Post by elp525 on Nov 1, 2011 4:42:26 GMT -5
Monday October 31, 2011
University claims football conference has allowed itself to deteriorate
by Jared Hunt
Charleston Daily Mail
CHARLESTON, W.Va. - West Virginia University filed a lawsuit against the Big East conference Monday, alleging that conference leaders have failed to support football schools and asking a judge to void conference rules so WVU can join the Big 12.
Attorneys representing the WVU Board of Governors filed the lawsuit Monday in Monongalia Circuit Court in Morgantown.
It asks that a circuit judge issue an injunction prohibiting the conference from blocking WVU's move to the Big 12 conference on July 1, 2012, and seeks compensation for damages resulting from the Big East's breach of contract with member schools.
The legal action comes as little surprise following Friday's announcement that WVU was accepting an invitation to join the Big 12 conference on July 1, 2012.
Once WVU's move to the Big 12 was announced, Big East Commissioner John Marinatto issued a statement saying the conference intended to hold WVU to a Big East bylaw clause requiring exiting schools to give at least 27 months notice of their departure.
But WVU officials stood firm on their intended exit date Friday.
"We've resigned as of June, 30, 2012, and we're accepted (in the Big 12) as of July 1, 2012," WVU Board of Governors Chairman Drew Payne said Friday afternoon.
WVU wired the initial $2.5 million portion of the Big East's $5 million exit fee on Friday afternoon as part of their exit process. It was presumed that some type of legal action would follow to negotiate a compromise over WVU's departure date.
With their lawsuit Monday, WVU officials lay heavy criticism over the very structure of the Big East and what they called Marinatto's "ineffective leadership."
They contend that the conference's setup and actions have left schools no choice but to leave the conference to shore up their football programs.
That included the possibility of losing an automatic bid to one of the Bowl Championship Series bowl games, which provide significant revenue to schools each year.
"As the Big East, in less than two months, had denigrated into a non-major football conference whose continued existence is in serious jeopardy, WVU had no choice but to accept the Big XII's offer," the lawsuit says.
"The Big East and its Commissioner failed to take proactive measures to maintain, let alone enhance, the level of competition for Big East football schools," the lawsuit says.
WVU attorneys argue that the structure of the Big East - which has eight schools with no football program and another eight schools that do have football - is an unusual setup that has led to instability within the conference.
That instability has hurt the financial interests of the football schools, the lawsuit alleges, and has caused them to leave the conference, which further exacerbates the problem.
On Sept. 17, Syracuse and Pittsburgh announced they were leaving the Big East to join the Atlantic Coast Conference.
The next day, University of Connecticut President Susan Herbst issued a statement that said the school was actively involved in discussions to ensure the long-term success of its athletic programs.
Then, on Oct. 10, Texas Christian University, which was set to join the Big East next year, announced it was withdrawing from that deal to join the Big 12.
The departures of Pittsburgh, Connecticut and TCU served to weaken the conference, to the point where WVU says it's no longer a viable football conference.
Also, the departures created a further imbalance and disparity between the football and non-football playing schools.
With 33 percent of the football schools withdrawing, the complaint says the remaining football schools were subjected to increased governance from non-football schools.
The complaint says that increased disparity rendered WVU's performance in the Big East "commercially impracticable," because non-football schools now had more power to block moves aimed at boosting the football side of the conference.
"The Big East football schools advocated measures to be taken by the Big East and its Commissioner to maintain the level of competition of the Big East football conference," the complaint said.
"The non-football schools repeatedly exerted their newfound level of increased governance at the expense and detriment of the football schools," the complaint said. "The Commissioner did nothing to protect the football-playing schools and in fact took measures to further protect and advance the interest of the non-football playing schools."
These events caused representatives from the University of Louisville, Rutgers University and the University of Cincinnati to begin talks with other conferences, including the ACC, Big 12, Southeastern Conference and Big 10, according to the complaint.
WVU contends all of this is the result of the Big East breaching its contract to protect the financial interests of member schools.
As a result of that breach, they say, all bylaws and agreements made between the conference and university - including the 27-month notice clause - are null and void.
Additionally, since WVU officials told the Big East they were withdrawing from the conference on June 30, the Big East's acceptance of the initial $2.5 million exit fee transfer signaled that the conference was willing to go along with the 27-month waiver.
The lawsuit points out that TCU was not held to that 27-month clause when it announced plans to depart in October.
In a statement late Monday, Marinatto refuted the lawsuit's claims.
"Based on an initial review of the lawsuit, it is clear that the allegations and claims in it are false and inaccurate," he said. "Certainly there is nothing in it that would justify WVU's not fulfilling its obligations. To put it simply, a contract is a contract."
Marinatto said he was disappointed that WVU pursued the lawsuit and "cannot imagine why it believes it does not have to respect and honor the bylaws it agreed to as a member of the Big East."
He said once the conference officials have had time to review WVU's lawsuit, they will explore all legal options and will "act vigorously" to ensure that WVU lives up to all obligations.
He said the lawsuit would not interfere with current efforts underway to strengthen and expand the Big East.
Big East officials are set to meet Tuesday morning to consider inviting additional football schools. Conference officials have said WVU is not expected to participate in that meeting.
WVU officials will hold a reception for Big 12 representatives in Morgantown Tuesday and offer more details on how WVU will be integrated.
University claims football conference has allowed itself to deteriorate
by Jared Hunt
Charleston Daily Mail
CHARLESTON, W.Va. - West Virginia University filed a lawsuit against the Big East conference Monday, alleging that conference leaders have failed to support football schools and asking a judge to void conference rules so WVU can join the Big 12.
Attorneys representing the WVU Board of Governors filed the lawsuit Monday in Monongalia Circuit Court in Morgantown.
It asks that a circuit judge issue an injunction prohibiting the conference from blocking WVU's move to the Big 12 conference on July 1, 2012, and seeks compensation for damages resulting from the Big East's breach of contract with member schools.
The legal action comes as little surprise following Friday's announcement that WVU was accepting an invitation to join the Big 12 conference on July 1, 2012.
Once WVU's move to the Big 12 was announced, Big East Commissioner John Marinatto issued a statement saying the conference intended to hold WVU to a Big East bylaw clause requiring exiting schools to give at least 27 months notice of their departure.
But WVU officials stood firm on their intended exit date Friday.
"We've resigned as of June, 30, 2012, and we're accepted (in the Big 12) as of July 1, 2012," WVU Board of Governors Chairman Drew Payne said Friday afternoon.
WVU wired the initial $2.5 million portion of the Big East's $5 million exit fee on Friday afternoon as part of their exit process. It was presumed that some type of legal action would follow to negotiate a compromise over WVU's departure date.
With their lawsuit Monday, WVU officials lay heavy criticism over the very structure of the Big East and what they called Marinatto's "ineffective leadership."
They contend that the conference's setup and actions have left schools no choice but to leave the conference to shore up their football programs.
That included the possibility of losing an automatic bid to one of the Bowl Championship Series bowl games, which provide significant revenue to schools each year.
"As the Big East, in less than two months, had denigrated into a non-major football conference whose continued existence is in serious jeopardy, WVU had no choice but to accept the Big XII's offer," the lawsuit says.
"The Big East and its Commissioner failed to take proactive measures to maintain, let alone enhance, the level of competition for Big East football schools," the lawsuit says.
WVU attorneys argue that the structure of the Big East - which has eight schools with no football program and another eight schools that do have football - is an unusual setup that has led to instability within the conference.
That instability has hurt the financial interests of the football schools, the lawsuit alleges, and has caused them to leave the conference, which further exacerbates the problem.
On Sept. 17, Syracuse and Pittsburgh announced they were leaving the Big East to join the Atlantic Coast Conference.
The next day, University of Connecticut President Susan Herbst issued a statement that said the school was actively involved in discussions to ensure the long-term success of its athletic programs.
Then, on Oct. 10, Texas Christian University, which was set to join the Big East next year, announced it was withdrawing from that deal to join the Big 12.
The departures of Pittsburgh, Connecticut and TCU served to weaken the conference, to the point where WVU says it's no longer a viable football conference.
Also, the departures created a further imbalance and disparity between the football and non-football playing schools.
With 33 percent of the football schools withdrawing, the complaint says the remaining football schools were subjected to increased governance from non-football schools.
The complaint says that increased disparity rendered WVU's performance in the Big East "commercially impracticable," because non-football schools now had more power to block moves aimed at boosting the football side of the conference.
"The Big East football schools advocated measures to be taken by the Big East and its Commissioner to maintain the level of competition of the Big East football conference," the complaint said.
"The non-football schools repeatedly exerted their newfound level of increased governance at the expense and detriment of the football schools," the complaint said. "The Commissioner did nothing to protect the football-playing schools and in fact took measures to further protect and advance the interest of the non-football playing schools."
These events caused representatives from the University of Louisville, Rutgers University and the University of Cincinnati to begin talks with other conferences, including the ACC, Big 12, Southeastern Conference and Big 10, according to the complaint.
WVU contends all of this is the result of the Big East breaching its contract to protect the financial interests of member schools.
As a result of that breach, they say, all bylaws and agreements made between the conference and university - including the 27-month notice clause - are null and void.
Additionally, since WVU officials told the Big East they were withdrawing from the conference on June 30, the Big East's acceptance of the initial $2.5 million exit fee transfer signaled that the conference was willing to go along with the 27-month waiver.
The lawsuit points out that TCU was not held to that 27-month clause when it announced plans to depart in October.
In a statement late Monday, Marinatto refuted the lawsuit's claims.
"Based on an initial review of the lawsuit, it is clear that the allegations and claims in it are false and inaccurate," he said. "Certainly there is nothing in it that would justify WVU's not fulfilling its obligations. To put it simply, a contract is a contract."
Marinatto said he was disappointed that WVU pursued the lawsuit and "cannot imagine why it believes it does not have to respect and honor the bylaws it agreed to as a member of the Big East."
He said once the conference officials have had time to review WVU's lawsuit, they will explore all legal options and will "act vigorously" to ensure that WVU lives up to all obligations.
He said the lawsuit would not interfere with current efforts underway to strengthen and expand the Big East.
Big East officials are set to meet Tuesday morning to consider inviting additional football schools. Conference officials have said WVU is not expected to participate in that meeting.
WVU officials will hold a reception for Big 12 representatives in Morgantown Tuesday and offer more details on how WVU will be integrated.
