SEC Realignment: Not So Fast -- Baylor May Throw A Monkey In Texas A&M's Wrench
by Glenn Logan on Sep 7, 2011 10:17 AM EDT
in General News
Email
PrintThis is a statement just released from the SEC:
Statement from Dr. Bernie Machen, Chair, Southeastern Conference Presidents and Chancellors:
After receiving unanimous written assurance from the Big 12 on September 2 that the Southeastern Conference was free to accept Texas A&M to join as a new member, the presidents and chancellors of the SEC met last night with the intention of accepting the application of Texas A&M to be the newest member of the SEC. We were notified yesterday afternoon that at least one Big 12 institution had withdrawn its previous consent and was considering legal action. The SEC has stated that to consider an institution for membership, there must be no contractual hindrances to its departure. The SEC voted unanimously to accept Texas A&M University as a member upon receiving acceptable reconfirmation that the Big 12 and its members have reaffirmed the letter dated September 2, 2011. [my emphasis]
Word is that Baylor is the institution referred to in the boldface above. What the SEC appears to be saying is that unless all parties in the Big 12 are on board, it will not accept Texas A&M into the league. That could be a wrong reading, as there is no explicit language to that effect, but it is suggested by the last sentence.
I am not a lawyer and I will not comment on the grounds under which Baylor may sue. Whether or not they have any real chance of success, an actual lawsuit by Baylor would seem to delay the process months or even years, unless they can be talked out of it.
Gary Parrish congratulates Baylor for doing this, although I have no clear idea why he thinks that Baylor should be congratulated. I am not a proponent of conference realignment, but it's hard to imagine that Baylor can stop TAMU from legally ending its association with the Big 12 and prevent them from joining the SEC by threatening to sue.
Baylor could have plenty of suitors for other conferences, should the Big 12 break into bits and the pieces go elsewhere. It may not be as prestigious as the SEC or even the Big 12, but it seems to me that suing the SEC is a real "Hail Mary" unless the SEC and Texas A&M fear losing. More likely the concern is a fear of losing in the public relations battle at the moment, but I can't really say.
If the SEC decides to let TAMU and Baylor fight it out, what we will presumably see is some kind of process in the Big 12. It doesn't seem likely that Baylor's lone "no" vote can permit the lawful withdrawal of a member, but I have no idea if that is true or not, it depends on what the contract says. It was my understanding that Texas A&M was attempting to do just that, but unanimous consent may be required for all I know.
What the SEC seems to be saying is that it would rather wait and see what TAMU does to make a Baylor suit moot before allowing them to join. So for the moment, at least, SEC expansion is on hold.
25 comments
|
0 recs |
Do you like this story?
Comments
It seems to me that Baylor is afraid
That they will be be left without a chair when the music stops. If the Big 12 were to disband, as it seems to be doing, where would Baylor end up?
Slower Traffic Keep Right!
by SevenRings on Sep 7, 2011 10:26 AM EDT via iPhone app reply actions
Possibly, I guess
However I have never heard them mentioned for any BCS conference.
Slower Traffic Keep Right!
by SevenRings on Sep 7, 2011 11:11 AM EDT via iPhone app up reply actions
C-USA or the MWC
That is why Baylor is doing this. Nevermind they did it to Rice, SMU, and Houston back in the day…..
Dayman, Fighter of the Nightman, Champion of the Sun
And don't forget TCU
Horned Frog fans have a deep resentment toward Baylor for the political games that left them out in the cold. For many of them – despite the loss last Fri night – they are enjoying the recent developments that may finally give Baylor their just due.
What’s one of Glenn’s favorite words? Schadenfreude!
This...
Some brief background on Baylor.
At the fall of the SWC, it was rumored that Texas was looking west (Pac-10) and A&M was looking east (SEC). At the last minute, the Big 12 was formed, possibly against the wishes of the powers that be at both flagship universities. Not only that, Baylor, a religious private institution, was accepted into the B12 over Houston, a public, secular university, as well as Rice, a school comparable with Vanderbilt that would have raised the B12’s academic standing. And yes, TCU and SMU were left out in the cold as well.
Why? Well, the Texas legislature was concerned that a flagship flight would leave the remaining Texas schools in the dust with no power conference home (ironically, much like things stand today). So, they “convinced” Texas and Texas A&M to stay together and band with two other Texas universities that so happened to have some pull within the legislature. Wouldn’t you know it: the governor of the state at the time was Ann Richards, a Baylor alum. Thus, Robert Griffin 3 tearing it up in his glory today.
I think
It’s ridiculous that a school can hold another school hostage like that. Even if it’s just posturing. I know there’s the whole relying on each other for income aspect. But I still don’t believe it’s any one schools responsibility to stay for the others.
Honestly, the Big 12 should have listened when schools weren’t happy about how the TV network deal with Texas and kept everyone happy and we wouldn’t even be having this discussion right now.
I'm not sure they can.
But they seem to be trying to, anyway.
A Sea of Blue -- Kentucky Sports for the Discerning Fan
Indeed.
Looks like Baylor has backed down after the SEC posted the letter from Dan Beebe and made them look like fools. Good deal because the drama is ridiculous.
by Clint Phelps on Sep 7, 2011 10:33 AM EDT up reply actions
link?
I’d like to know. This stuff looks like a replacement for All My Children
No matter where you're at, there you are
A
copy of the letter is up on KSR right now, and I’m seeing tidbits about it on twitter
by Clint Phelps on Sep 7, 2011 10:37 AM EDT up reply actions
Kenneth Starr is Baylor's President
and anyone wonder’s why they’d go to court. This guy probably took his mother to court over curfew.
No matter where you're at, there you are
Burnt Orange Nation had a great post about this a few weeks ago
Basically, the grounds to sue are on tortious interference.
So, say two parties have entered into a contract. If one party breaches that contract, then the non-breaching party can sue the breaching party under contract law because they have what is called privity of contract. The remedies under that lawsuit are usually limited to the actual loss that the non-breaching party suffered because of the breach (i.e., the remedy in court is to put the non-breaching party in the monetary position it would have been in if the contract hadn’t been breached). This is all subject to any agreements for remedies that the parties agreed to in their contract.
So, applying this to our current situation, from all information I have seen, whatever agreement the Big 12 has with its member schools, there seems to be an alternative remedies provision whereby the parties agree ahead of time to a “breakup fee” that a member school has to pay if they breach the contract by leaving the conference under certain circumstances. The number I’ve been hearing with respect to A&M is approximately $30m.
Now, say two parties have entered into a contract, and then a third party comes along and says to one of the parties “Hey, I’ve got a better deal for you. I’ll give it to you if you breach your current contract.” If that party to the contract does breach, then the non-breaching party can sue the breaching party (as described above), but it can’t sure the third party under contract law because it does not have privity of contract with that third party.
However, the law nevertheless understands that a wrong has been committed by the third party and thus allows the non-breaching party to sue the third party for “tortious interference” with an existing contract. Tort law is completely separate from contract law, and generally the remedies under torts are not capped at the actual loss suffered by the non-breaching party. Loss of potential future income and punitive damages can be awarded to the non-breaching party, to be paid by the third party.
I am aware of that.
On the other hand, tortious interference, as I understand it, requires that the bad actor, in this case the SEC, actively promote the breakup, not simply provide an opportunity to a school who wishes to break the contract.
It’s a fine line in this case, but Texas A&M exercised a procedure to get out of the B12, and presumably will pay whatever damages are specified for breach of contract. After every school agreed that it could go, the SEC met and offered an invitation. Then, one member of the B12 decided to renege on its earlier agreement and threatens a suit.
Under those circumstances, tortious interference doesn’t seem to have actually happened. Not only that, there is the matter of original approval, which further insulates the SEC from a finding of interference. They didn’t consider Texas A&M until after that agreement.
TAMU still has the right to leave, and when it does and pays whatever contractual damages are required of it, Baylor would not have a cause of action unless it can prove the SEC actually interfered with the Big 12. My understanding of the matter is that Texas A&M, all along, instituted the action, feeling out the SEC. But for TAMU’s expressed desire to join the SEC, the SEC would not have been involved.
In any case, I think the suit would eventually fail, unless, of course, the SEC did do something I’m not aware of.
A Sea of Blue -- Kentucky Sports for the Discerning Fan
Update from Chip Brown at OB
Was just told by two Big 12 administrators the SEC now wants all nine schools in the Big 12 to sign a waiver saying they will not sue the Southeastern Conference over the depature of Texas A&M to the SEC.
And I’m told the Big 12 schools will not sign those waivers.
the morning after regrets....
Reminds me of the woman who gets carried away by the passion of the moment and then wants to claim “rape” the morning after.
If Baylor gave their approval and the Big 12 President issued the letter of approval, then wouldn’t their change of heart have to have been registered before the SEC action to have any legal standing? If The B12 acted without Baylor’s okay, then their argument would be with the B12, not the SEC or TA&M.
Here's the deal...
Initially, it appeared that Texas and OU would stay together in an A&M-less B12. In that scenario, A&M would have been replaced by 1-3 schools. Baylor would have been fine. Dan Beebe would have been fine. The B12 would have been fine.
Now, OU is shopping around, and if they leave, Texas is next in line for a decision. There’s a few options. 1) Texas leaves, and follows OU, most likely to Pac-12. 2) Texas leaves, not following OU, and goes to ACC/B10/independent. 3) Texas stays, tries to form reconstituted B12 but goes football independent. 4) Texas stays, tries to form reconstituted B12 with football. In this scenario, it’s likely a delay game to see how well the LHN does.
In NONE of these scenarios, other than the first paragraph, will Baylor come out better than it is right now. Even if it stays in an A&M and OU-less B12, it’s a transient scenario that’s likely to disintegrate once UT establishes the LHN.
SO, does Baylor have some buyers remorse from initially capitulating and agreeing to let A&M leave? You bet they do.
Dan Beebe’s opinion is that no conference will take OU without also taking UT. And he doesn’t believe UT will be proactive in leaving, only reacting. Thus the B12’s “OK” for A&M to go to the SEC, with or without Baylor’s approval. And yes, I do believe Beebe is severely mistaken.
By the way, comparing football to rape? Uhh, not cool.
simile only
No football players can come up with enough off field . but the waanting to claim “rape” when it isn’t the case isn’t unknown. “no means No.” surely only has meaning before the act, not after. IMHO
by blenheim bard on Sep 7, 2011 12:53 PM EDT up reply actions
A&M is being singled out
How is it that Nebraska and Colorado can go their merry way and the Aggies can’t? It seems to me a precedent has been set by the two previous departures.
ding ding ding
We have a winner. Baylor sees the writing on the wall and is scared they will be left in the cold.
Slower Traffic Keep Right!
by SevenRings on Sep 7, 2011 11:44 AM EDT via iPhone app up reply actions
Truth is stranger than fiction..
.
I would never have guessed in a million years that I would ever hear the name Ken Starr again in the context of him going to a Baptist/Christian school and then threatening legal action against another university to stop them from further opening up the Houston and Dallas television markets to the UK basketball team.
Ken Starr.
Wow. I really did not need to hear that name ever again….
.
"I watch (UK) every night... I am going to support them for the rest of my life. I'm a Wildcat for the rest of my life." -- JWall, 2/8/11
Baylor & the Big 12
There’s a story which circulated in Texas right after the Southwest Conference went bust (due to Arkansas joining the SEC). Essentially, Texas and A&M wanted to go to the Big 8, and like most politically astute institutions in the Texas state university system, they visited Governor Ann Richards, to get her blessing. Governor Ann was a Baylor alum, by the way.
So after the two school delegations made their pitch, Governor Ann said to the effect “Well OK, but you’re taking Baylor and Tech with you.” And that, as they say, was that. But by the way, Governor Rick is an A&M alum who has strong ties with the Texas Baptists. More to come, I’m sure.
Interesting message from my Aggie friend.
“It’s awesome. Every Aggie is ready to go and really excited. F…K Texas and Baylor. I will miss Tech, OK and OK St. Apparently, OK read TX the riot act in last phone call between them. Now OK is ready to leave.”
The plot gets thicker.
Don't take life too seriously; no one gets out alive.
The real negative on SEC expansion
By adding a TAMU and maybe another similar school we – UK fans – are in danger of losing our automatic 6 win low level bowl bid.
I mean just how many SEC teams is the nation going to stomach watching in bowl games..?
A man is nothing more than a summation of his scars!
Comments For This Post Are Closed
Secondary Sidebar
User Tools
Community Guidelines
[UPDATED 01/18/2012]
Related FanShots on A Sea Of Blue
FanPosts
Community blog posts and discussion.
