West Virginia University is serious about moving to the Big 12 Conference next summer.
After the school and the Big 12 made their budding relationship public late last week, Big East Commissioner John Marinatto rattled his saber over the weekend, suggesting the WVU needs to live up to the terms of its exit policy with the following statement:
“West Virginia is fully aware that the Big East Conference is committed to enforcing the 27-month notification period for members who choose to leave the conference.”
WVU fired back on Monday, suing the Big East Conference in Monongalia County Circuit Court, claiming the Big East and Marinatto “breached their contract to WVU.”
Specifically, the suit claims a “lack of leadership, breach of fiduciary duties by the Big East and its Commissioner, and voting disparity between the football and non-football schools resulted in the Big East football conference no longer being a viable and competitive football conference.”
It further claims that the defendants failed to maintain a viable conference by turning a blind eye toward the departure or planned departure of football schools, such as Pittsburgh and Syracuse. “The Big East and its Commissioner failed to take proactive measures to maintain, let alone enhance, the level of competition for the Big East football schools,” the complaint reads.
One of the biggest issues in the controversy is WVU’s desire to leave for the 2012-13 athletic season, while the Big East wants the university to stay until 2014.
Marinatto issued the following statement in response to the suit:
“We are disappointed that West Virginia has adopted this strategy 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. Based on an initial review of the lawsuit, it is clear that the allegations and claims in it are false and inaccurate. Certainly there is nothing in it that would justify WVU’s not fulfilling its obligations. To put it simply, a contract is a contract.
“Once we have reviewed the filing, we will explore all our legal options and will act vigorously to ensure that WVU lives up to all its obligations to our conference. In the meantime, this lawsuit will not interfere in any way with our ongoing efforts to strengthen and expand the Big East.”
Attorney Urges Big East Conference to Pick Its Battles
Daniel Fitzgerald of Brody Wilkinson PC urged the Big East to be cautious.
“Although the Big East has appeared content to take its time determining its next move in the wake of Syracuse and Pittsburgh’s departure, this lawsuit may force the Big East’s hand,” suggested Fitzgerald, the founder and publisher of Connecticut Sports Law. “West Virginia has no intent of spending the next 27 months in the conference. Although the Big East may not want to set a precedent by allowing West Virginia to force its way out of the conference, a prolonged litigation and public discovery process over the alleged mishandling of the conference can only weaken a conference that already appears to be on borrowed time.”
The suit is available here: http://www.wvmetronews.com/content/File/wvu_vs_be.pdf
