The Western Athletic Conference/Mountain West clash over the timing of Nevada’s and Fresno State’s move to the MWC took a nastier turn when WAC commissioner Karl Benson announced today his league is seeking “judicial determination” as to when the teams can leave the WAC and has filed an injunction against the MWC.
The complaint requests the MWC be prohibited from scheduling Nevada and Fresno State as conference games for the 2011 season.
Benson said today a complaint was filed Thursday in Jefferson County District Court. The WAC is headquartered in Englewood; the MWC is in Colorado Springs. Fresno State and Nevada have 30 days to respond to the suit. It should be resolved in the next 60 days.
“Our membership believes strongly that the fair and right thing to do is for Frenso and Nevada to fulfill their obligation,” Benson said. “The impact that would occur to the WAC if we simply said ‘fine, go ahead and join the Mountain West a year early,’ the damages the WAC could incure, are very, very significant.”
Nevada and Fresno State insist they met the Sept. 1 deadline to move to the MWC in 2011. The WAC counters that the bylaws have a July 1 deadline and the teams cannot leave until June 30, 2012. Last week, Nevada athletic director Cary Groth called it a “clerical matter” because the bylaw change in 2006 but it hasn’t appeared in the league’s annual Code Book, which is different from the bylaws. Benson said today the bylaws supercede any annual code book.
“Boise State was certainly aware of the date,” Benson said during a teleconference, referring to Boise’s June 11 announcement it was leaving the WAC. “I don’t think there was any question the WAC membership was clearly aware of the date.”
MWC commissioner Craig Thompson responded in a prepared statement: “Similar to other university leaving current conferences for new athletic conferences, the departure date for Fresno State and Nevada is an issue that will be determined by the three principals, including the Western Athletic Conference and the two departing institutions.”
Benson said he had lunch with Thompson last Wednesday in Indianapolis and “gave him a heads up” that the suit was going going to be filed Thursday. Benson would not say how that meeting went.
If the two schools make the move next year, the MWC will have 10 members and the WAC just six. Benson cited contractual arrangements with bowls, television, the WAC basketball tournament and other considerations for filing the complaint.
“Our ADs have been put in a precarious situation for scheduling, especially in football for the 2011 season,” Benson said.
Benson would not say if he expected the issue to move to federal courts. He also said the $5 million exit fee is not included in the filing, and is a “separate matter” from the departure date.
