The Western Athletic Conference (WAC) is suing Fresno State in an attempt to try and keep the university in the conference until 2012.
“[The suit] is unfortunate,” Fresno State President John Welty said in a statement. “We believe that all the issues can be resolved through discussion rather than through costly legal proceedings.”
WAC Commissioner Karl Benson, however, dashed those hopes Tuesday morning by indicating that the conference would not negotiate an early-exit buyout with Fresno State.
Defendants in the suit along with Fresno State include the University of Nevada and the Mountain West Conference (MWC).
The WAC alleges that both Fresno State and Nevada missed the conference’s July 1 withdrawal date, meaning that neither school can leave the WAC for the MWC until June 30, 2012. Both schools wish to enter the Mountain West in time for the 2011 football season.
“If Fresno [State] or Nevada fail or refuse to participate as Members of the WAC through June 30, 2012,” the suit declares, “there will be irreparable damage to the conference and its remaining members in that scheduling will be incomplete, and participation and competition for the student athletes will be adversely affected.”
Fresno State and Nevada made national news when they announced that they planned on leaving the WAC for the MWC, following fellow 2010 WAC-member Boise State. The move came as a surprise considering that the conference had previously announced that it was done adding teams.
Still being disputed is the amount of money that Fresno State and Nevada are required to pay the WAC for leaving the conference. Benson maintains that both schools are required to pay the $5 million stipulated by an agreement signed before the schools indicated their intention to leave.
Fresno State has said that at the most it will pay $2.5 million, and some legal experts have indicated that they may not have to pay at all. According to the agreement, if Brigham Young University did not reach an agreement with the WAC by Sept. 1, which it hadn’t, then the resolution would not take effect and the money need not be paid.