If Nevada and Fresno State are to join the Mountain West Conference in time for the 2011 season, they’ll have to do so fighting their way through the legal system.
Confirming a report from late last night, WAC commissioner Karl Benson said Tuesday afternoon during a teleconference that the conference has filed a lawsuit to prevent the two schools from leaving for the MWC until after June 30 of 2012.
Nevada and Fresno State informed the WAC via letter in late August that their intentions were to leave following the end of this school year, so Benson said -- on the recommendation of the conference’s legal counsel -- that the lawsuit is needed to ensure “Fresno State and Nevada will meet their obligations to participate in the WAC in 2011-12.”
“The damages the WAC could incur if Fresno State and Nevada left early are very, very significant,” Benson said. “That’s what has driven this: to protect the assets of the WAC as a corporate entity.”
Two additional pieces of information came out of Benson’s remarks today as well.
Somewhat related to the timeline for the schools’ departures, Benson stated that there will be no negotiating on an early exit for either institution. Additionally, Benson reiterated that the WAC will still attempt to collect $5 million from each school for breaking an agreement back in August that they would remain in the league for the next five years.
The WAC code book stipulates that member schools have until Sept. 1 to notify the conference of their intention to leave for another league the following year. WAC bylaws, which the conference claims supersedes the code book, stipulates notification by July 1. Nevada and Fresno State announced their intentions Aug. 18.
Boise State is not involved in the lawsuit as they announced their move to the MWC before either deadline.