Leaving Pac-12 schools oppose OSU, WSU filing

Kyle Bonagura, ESPN Staff WriterNov 2, 2023, 07:07 PM ET
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- Covers the Pac-12.
- Joined ESPN in 2014.
- Attended Washington State University.

In the ongoing legal battle for control of the Pac-12, the 10 departing universities expressed concern that if Oregon State and Washington State were to obtain complete control of the conference board, they could attempt to withhold revenue distribution from the 2023-24 school year from the departing members.

The schools made their thoughts known in a filing on Thursday opposing a motion for preliminary injunction.

On Sept. 9, WSU and OSU filed a complaint for breach of bylaws in Whitman County Superior Court and sought an emergency temporary restraining order to protect what the schools saw as an “imminent and existential threat” to the future of the conference. The TRO request was granted Sept. 27, which prevented any board meetings to be called.

Washington, on behalf of the nine other departing schools — Arizona, Arizona State, Cal, Colorado, Oregon, Stanford, UCLA, USC and Utah — joined the lawsuit as an intervening party Oct. 16.

A joint statement from the departing 10 schools, in part, said: “Granting OSU and WSU unilateral authority over hundreds of millions of dollars in 2023-2024 revenue needed this year to run our athletics programs would harm our universities, including our ability to provide critical resources and opportunities for our student-athletes.”

The original lawsuit came, in part, due to OSU’s and WSU’s fear that if given the right to vote in a board setting, the departing schools could effectively decide to shutter the conference and split the remaining assets, limiting OSU and WSU’s options for how to move forward.

In the latest filing, the departing schools insinuated there were no plans to do that.

“The way to satisfy that duty [of loyalty to the Pac-12] is to recuse from decisions that, unlike those involving withholding 2023-2024 revenue distributions, impact only the post-August 1, 2024, future of the Conference,” the filing said. “UW has already assured the Conference that it would not seek to vote on certain matters affecting only the Plaintiffs, such as future media rights agreements and new Conference member considerations.”

If the court grants OSU’s and WSU’s request for preliminary injunction, UW requested the TRO be extended in order to seek a review in Washington Supreme Court and to prevent OSU, WSU and the Pac-12 from using 2023-24 revenue for purposes that do not benefit the 12 current members. Specifically, UW asked funds not be used to schedule games with nonconference opponents or be used to add new conference members.

“Today’s filing is yet another attempt by the departing schools to ignore conference Bylaws and prevent OSU and WSU from exercising their right to govern the future of the Pac-12,” OSU spokesperson Rob Odom and WSU spokesperson Phil Weiler said in a statement. “It is disappointing that the departing schools are directly reversing their prior interpretation of the Bylaws in an effort to take control of the Pac-12, a conference to which they no longer have any loyalty. We did not create or seek these circumstances, but OSU and WSU will continue to take whatever actions are necessary to protect our universities, ensure accountability and transparency, safeguard student-athletes and the Pac-12 Conference, and preserve our options moving forward.”

In a joint news conference with the university presidents and athletic directors in September, the leaders said they expected to have a better sense of what remaining assets OSU and WSU would have a right to within roughly a month. Neither school has since made a public comment about what those figures have looked like, but the departing schools estimated it could be nearly $200 million.

“We note that, regardless of the outcome of their lawsuit — and even if they had not filed it — OSU and WSU will still control roughly $200 million in Conference revenue after our 10 schools depart the Conference,” the statement said. “While we recognize and respect OSU’s and WSU’s need to secure the best future for their institutions, we cannot let their legal campaign harm our efforts on behalf of our student-athletes and university communities.”

The conference is also known to have millions of dollars in liabilities attached to other pending litigation, long-term leases and other expenses, making it difficult to estimate where things would net out.

A hearing for a preliminary injunction is set for Nov. 14, at which point the court would likely determine who has voting rights on the Pac-12 board.