Oregon State and Washington State have taken legal action against the Pac-12 and Commissioner George Kliavkoff “to confirm the conference’s governance structure, gain access to business information and protect the conference’s assets,” Oregon State said in a statement on Friday. Here’s what you need to know:
- Oregon State and Washington State are the two remaining schools in the conference. Ten of the 12 programs announced their departure to other conferences from 2024 within the last 18 months.
- According to the Pac-12 constitution and bylaws, when a member school declares its withdrawal it is immediately no longer a member of the Pac-12 board, meaning that Oregon State and Washington State should now constitute the entire board membership.
- Both schools sought an injunction “to prevent the Pac-12 from allowing retiring members of the Pac-12 Board of Directors to meet and attempt to take any action regarding the status or governance of the conference in a manner that excludes OSU and WSU.” .” of a possible reconstruction of the conference.”
- The universities’ actions were taken to confirm that OSU and WSU are the only remaining voting members of the Pac-12 Board of Directors.
Next Steps
The Pac-12 Commissioner recently asked current and former members of the Pac-12 Board of Directors to meet on September 13 to vote on a “go-forward governance approach” for the conference, which Oregon State said would be one constitutes a violation of the Pac-12 Constitution and Bylaws.
The injunction sought by OSU and WSU seeks to prevent this meeting or similar meetings from taking place and to allow both OSU and WSU to make business decisions on behalf of the conference. This would give both schools an opportunity to potentially rebuild the Pac-12.
What that means
An already ugly situation has become even uglier and more tense. Both Oregon State and Washington State have indicated they are unhappy with the league’s officiating, but this takes it to a whole other level. The two remaining Pac-12 schools are embarrassed as they try to retain as much wealth and control as possible.
The governance part is fascinating. I was wondering whether the departing Pac-12 schools had given written notice of their withdrawal or whether their presidents were still technically able to engage in governance issues, and it turns out that the two remaining schools were concerned about this very scenario. This is their attempt to stop their classmates from controlling assets and money they believe are theirs – and to keep those leaving the schools from making important decisions that affect their future. — Auerbach
Why is this happening?
Oregon State and Washington State fear that the rest of the Pac-12 will vote to dissolve the league and divide the remaining assets among everyone, as stated in the conference charter. OSU and WSU believe the 10 schools leaving have forfeited those rights and that the two have control over what’s left, from future money to the value of Pac-12 Networks and more.
The complaint notes that after USC, UCLA and Colorado each announced their departures, they were not involved in future board meetings. Therefore, no departing member should be considered a board member. It is also alleged that on August 29, Kliavkoff asked Schultz, as board president, to call a board meeting with all 12 schools.
Schultz didn’t do this, so Kliavkoff scheduled a date himself, which was September 13.
OSU and WSU allege in their complaint that the 10 departing members have conflicts of interest and are no longer board members. The question is: What counts as a formal declaration of withdrawal? Were the actions of the Pac-12 to exclude USC, UCLA and Colorado from future board meetings sufficient precedent to establish this?
The decision rests with the court. – Vannini
What Oregon State, Washington State said
The state of Oregon called the complaint a “critical step” in “sustaining the conference.”
“We owe it to our student-athletes, coaches and fans to do everything in our power to protect the Pac-12 Conference and explore all future options,” said Kirk Schulz, WSU president and Pac-Chairman. 12 board. “WSU and OSU are working in lockstep to find the best path forward. The future of the Pac-12 must be determined by the remaining members, not those who leave.”
OSU President Jayathi Murthy added that the two remaining Pac-12 schools are “moving forward with urgency to protect the integrity of the conference and preserve its legacy on behalf of the student-athletes, fans and the conference itself,” she added adding that the two schools are “joining arms” to maintain regional rivalries.
Much of the complaint revolves around the definition of a formal withdrawal from the conference. For example, the Mountain West requires written notice to all 12 presidents and the league. When asked about the Pac-12’s formal process, Barnes said: “The charter makes it clear to us that we have the sole right to run this conference.”
The two schools also believe that holding Pac-12 board meetings without USC and UCLA and then without Colorado was a recognition by the league that retiring members are no longer voting members.
“We’ll let the court decide, but I think it sets a precedent without question,” Barnes said. “We did this for months.”
Asked if he feared the other 10 members might vote to dissolve the league and divide its assets, Barnes replied: “Yes, that would be a concern.”
When asked about the school’s recent meeting with the Mountain West, Barnes called it a productive conversation and said he expects to have discussions in the future, but a decision on a future with the league is still some way off. That’s because schools believe complete control of the Pac-12’s assets could create an environment to keep the league together and add more schools.
The value of these assets remains to be determined. The access and control to find out is a basis for the complaint.
“We believe we have a chance. We continue to explore it,” Barnes said of rebuilding the conference. “We don’t have all the answers. But we wouldn’t go down this path without believing there was an opportunity in front of us.”
Required reading
(Photo: Kirby Lee / USA Today Sports)