Judge’s ruling grants WSU, OSU control of Pac-12

Kyle Bonagura, ESPN Staff WriterNov 14, 2023, 08:56 PM ET

Close

• Covers the Pac-12.
• Signed up with ESPN in 2014.
• Attended Washington State University.A state judge in Washington gave Oregon State and Washington State sole control of the Pac-12 board of directors on Tuesday, releasing the judgment at a preliminary injunction hearing in Whitman County Court.Judge Gary Libey granted a stay of the choice up until Monday– at no objection from OSU and WSU– as the 10 schools leaving the Pac-12 following the 2023-24 academic year start the appeals process.The choice comes roughly two months after Libey granted a short-term restraining order at the demand of OSU and WSU that prevented Pac-12 commissioner George Kliavkoff from calling any Pac-12 board meetings.”I grew up where conduct spoke louder than words. That’s how my parents treated me, which’s how I treated my children when they were maturing,”Libey said before issuing his choice. “With that in mind, this court discovers in favor that the plaintiffs are likely to prevail on their interpretation of the bylaws.”In a little Whitman County courthouse, approximately 15 miles from WSU’s school in Pullman, Libey heard arguments from three celebrations: OSU/WSU, the Pac-12 and the University of

  Washington, which got in the case as an intervenor, dealing with behalf of the 9 other departing schools(Arizona, Arizona State, Cal, Colorado, Oregon, Stanford, UCLA, USC and Utah). Editor’s Picks 2 Related Throughout about 2 1/2 hours, all three parties argued for different outcomes.OSU and WSU argued– as they have actually provided for weeks in written briefs– that conference bylaws were clear that when schools

  announced they were joining other conferences, they right away surrendered their seat on the conference board. That, they argued, was how it worked when UCLA and USC revealed they were joining the Big Ten and, again, when Colorado announced it was leaving for the Big 12. It was not only up until the other seven revealed they likewise were leaving, OSU and WSU argued, that those schools ‘analysis of the bylaws altered and claimed that all 12 deserved a seat on the board.

  “There isn’t a single document that’s been produced which reveals that the University of Washington thought that this was the appropriate position until it provided its notification of withdrawal and now the shoe was on the other foot,

  “argued lawyer Eric MacMichael, for OSU and WSU. “But celebrations are not permitted to just blatantly flip-flop on the meaning of legal arrangements just so they can have their cake and eat it too.”The conference tried to preserve a look of neutrality, lobbying for the terms of the short-term restraining order– which needed an unanimous vote on any significant choice– to remain in place. The conference’s attorney, Mark Lambert, was less assertive when resolving the court, acting more in a capability of obligation.Asked by Libey if the Pac-12 wants to continue in its service in the future, Lambert said,” Frankly, that is up to Oregon State and Washington State at this moment, and the conference and the commissioner are sensitive to those concerns and also sensitive to the notion that without a board that makes things challenging.”The leaving schools asked Libey to rule versus OSU and WSU outright, which would have basically given them the right to govern the conference with a 10-2 supermajority.At the heart of the dispute is forthcoming income. The departing schools, as they carried out in writing earlier this month, revealed

  issue that OSU and WSU might withhold revenue set to be distributed during this academic year. They also made the case that OSU/WSU’s worry that the leaving schools could vote to dissolve the conference– then evenly disperse the staying properties– was unimportant since of their belief that process might be conducted without any board action.”It’s just the reality that the members could choose to liquify that they wanted,”argued Dan Levin, for Washington.”Of course, in all this time throughout these procedures and in the past, no member has called for such a vote. “It’s unclear if the departing schools would attempt to act on that system if they don’t win on appeals.”We are dissatisfied with the decision and are immediately seeking review in the Washington Supreme Court and requesting to put on hold implementation of this decision, “the staying 10 members said in a declaration.”As members of the Pac-12, taking part in ongoing and scheduled competitors, we are members of the board under the Pac-12 laws. We deserve to the earnings earned by our schools

  throughout the 2023-2024 academic year, which is essential in order to operate our sports programs and to offer psychological and physical health services, academic support, and other assistance programs for our student-athletes.”We stay dedicated to the very best interests of our student-athletes, athletic departments, and university communities and will continue our efforts to secure a fair resolution.”Meanwhile, WSU president Kirk Schulz and athletic director Pat Chun admired the court’s “sensible decision.”” It has actually always been our view that the future of the Pac-12 ought to be identified by the staying members, not by those schools that are

  leaving the conference,” they stated in a statement.”This position follows the action the Pac-12 Board of Directors took when the first 2 schools revealed their departure from the conference more than a year back.”We have always been dedicated to securing the very best interests of the conference, our student-athletes, coaches and fans. Today’s news enables Washington State University and Oregon State University to start that process as the managing members of the Pac-12 Conference Board.” OSU president Jayathi Murthy and athletic director Scott Barnes used a similar sentiment.”We are pleased with the Court’s decision today that Oregon State and Washington State constitute the only staying members of the Pac-12 Conference Board,”they said in a statement.”We look forward to charting a course forward for the Pac-12 that is in the very best interest of the Conference and student-athletes. Our objectives are to make reasonable business choices going forward while continuing to look for collaboration and consultation with the departing universities.”