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November 2, 2011

The one odd thing about WVU filing a lawsuit so quickly (and filled with mistakes and typos) is why? Why go so drastically to the lawsuit? Not even an attempt to negotiate. This is some serious bridge burning. Not even the attempt to negotiate, make a bigger monetary offer. Nothing. It couldn’t purely be, because the Big East made previous statements about holding Pitt and Syracuse to 27 months.

If anything, trying to strong-arm their way out of the Big East would only force the Big East to dig in their heels a bit more. They can’t take a chance on then having to contend with more litigation from Pitt and Syracuse.

Well, what if the Big 12’s offer to WVU was contingent upon the Hoopies being in the Big 12 by 2012?

Neinas said West Virginia’s invitation to the Big 12 is contingent on the Mountaineers being available for the 2012 season. What? What does that mean? Does that mean if WVU can’t get out of its Big East commitments, the deal is off? Is that why West Virginia spent virtually no time negotiating with the Big East and went straight to a lawsuit? Big East bylaws declare a buyout ($5 million in this case) and a 27-month notification. What does the Big 12 do if West Virginia is handcuffed to the Big East in 2012?

“We needed a 10th member next season to fulfill our TV commitments,” Neinas said. “There’s an inventory that goes with a contract for TV, so we’ve got to be able to do that.”

In other words, the Big 12?s cushy cable contract with Fox Sports is kaput if the league has only nine members. If that contract loses some (or all) of its value, the Big 12 is back in anarchy mode.

It’s always about the money.

Stuck in the Big East for another year WVU? The deal is off? Well, after a big flurry of speculation, the Big 12 decided to issue a clarification:

From the Big 12 office: “WVU membership in the Big 12 is not contingent upon joining the conference for the 2012-13 season.”

Obviously WVU isn’t going to take that chance. Jumping straight to the lawsuit, still takes an extra air of desperation. WVU doesn’t want this going through a trial. They are looking for any and every way to force negotiations quickly. In fact, the WVU President made it vaguely clear yesterday that he doesn’t anticipate this ever going to trial.

Clements was peppered on the subject. He was asked if he was optimistic the lawsuit will be settled by July.

“Yeah, but I don’t want to make any comments on that issue,” he said.

There is no way it can be litigated by even July 1, 2012. The Big East could easily draw this out. Heck, even as much as the county court where this is filed may want to move it quickly, they have to proceed carefully. They will be applying Washington D.C. law, and will have to get some familiarity and extra time needed to check the law.

This bit of extra information, though, would appear to shift the edge even further to the Big East. Both in litigation and how much WVU may have to pay to leave by 2012. This information, on its face, would be reasonably considered an inducement by the Big 12 to breach their contract (Big East by-laws) with the Big East. Hello, joining the Big 12 in the lawsuit as a necessary party when the Big East files and answer and counterclaim. Adding time to the lawsuit.

The Big East is finally prepared to make moves to expand the conference. All reports are that as early as Friday, the formal invitations will be made to Navy, Air Force and Boise State for football only, while extending full membership offers to UCF, SMU and Houston. But both Mountain West and C-USA have one year waits before leaving. It’s unlikely — based on past departures (Louisville, Cinci and USF leaving C-USA in 2005, invited in 2004; and TCU last year along with BYU and Utah in the summer of 2010 for the MWC) that those will be waived.

The Big 12 has economic reasons for wanting WVU in the Big 12 immediately. Along with the TV contract, the other members would have to find an another non-con foe on short notice for 2012. Of course, that would be the same issue facing the Big East, but apparently that isn’t of any interest to the Big 12.

It matters to the Big East, though, about having a scheduling hole. It’s tough enough for the Big East to schedule 5 non-con games. Six would be ridiculous. Another factor would be the impact of giving into WVU, with regards to Syracuse and Pitt.

While Pitt and Syracuse have sat back — likely quietly trying to negotiate a deal — because they don’t need to rush out the door. They would not be quite as cooperative if they saw WVU able to strong-arm their way out early. The Big East might be able to get a waiver for only 7 teams in the conference for one year — like they did in 2004 — but not for only five teams. The Big East has every incentive to fight WVU tooth and nail on this.

As an aside and from the perspective of Pitt and Syracuse, I would hope they have approached the Big East about an offer to stay completely out of the WVU litigation mess — even possibly supporting the Big East — in exchange for getting out after 2012 and perhaps even paying a lower exit fee than WVU will have to pay to leave after 2012.

I want Pitt out of the Big East and to the ACC as soon as possible. The idea of an extra lame-duck year sucks. I fiercely despise the conference leadership, but I have no interest in seeing Pitt trying to actively screw the other Big East football schools. Those schools don’t deserve it. They have been equally victimized by the Big East leadership and split conference situation. Ultimately, spending 2012 in the Big East is not the worst thing in the world. Especially if it means an extra year of having Hoopie fans seethe and whine.

The obvious way to settle much of this depends on the Big 12 and Missouri. I don’t think Missouri has the stomach to fight the Big 12 too hard about leaving for the 2012 season. Especially since it is now November and they haven’t resolved anything (plus waiting another year means they can continue to dream the Big 10 will swoop in at the last minute). Increasingly, I have to believe Mizzou will be in the Big 12 in 2012-13 while Pitt, Syracuse and WVU hang-out for one last go-round in the Big East. The SEC will have to endure the horror of one season with 13 teams.





Wait, isn’t this a Pitt site?

Comment by Yup 11.02.11 @ 2:59 pm

I’m not sure that the ACC will want Pitt and Syracuse early if there are any legal entanglements .. I believe SEC made this contingency very clear for both T A&M and Missouri.

I am agreement that the other teams in the BE don’t deserve their fate (at least the football members). Lastly, I am glad of the WVU lawsuit since we are no longer Public Enemy No. 1 to the other BE schools.

Comment by wbb 11.02.11 @ 3:06 pm

Well, it makes sense, but at this point I can’t see anyway that West Virginia, Pitt, Syracuse and even Missouri won’t staying put for at least the 2012 season. The conferences just have too much to lose by releasing them early. I really don’t mind if Pitt has to play next year or even the year after, if it comes to that. At least they now have somewhere to go. When this whole conference realinement musical chairs thing began the concern was whether or not Pitt would end up with a chair. I love Big East basketball so sticking around for the the Big East tournament is ok with me.

Comment by Justinian 11.02.11 @ 3:16 pm

I want the Panthers in the ACC as soon as possible, but perhaps one more year in the Big Least (which seems inevitable) is okay to give Coach Graham another year to implement his offense and get his players…Don’t most new coaches hit their stride in Year 3? If so then Pitt could enter the ACC as a force to be reckoned with right away and not another doormat.

I also don’t think that abandoning the Big East next year is fair to the remaining Football schools, but none of this is about what’s fair or right…

Comment by CJK 11.02.11 @ 3:29 pm

Either Chuck Neinas has no idea what the word “contingent” means, or the Big 12 just reversed course. I actually suspect the former. Even if there was a contingency, why would they broadcast it and cut out any leverage WVU might have had?

I like Chas’ idea that Pitt should go to the Big East and see if a pledge not to get involved in the litigation would do anything. I also wonder if WVU approached Pitt and Syracuse to see if they would join the suit.

Comment by Pantherman13 11.02.11 @ 3:32 pm

West Virginia is stuck. The Big East cannot let them out without letting Pitt and Syracuse go. If they let any of them out early, it sends a green light to the ACC and Big 12 to poach other members with impunity. Also, the Big East needs the 3 schools to help requalify for AQ status. The BCS rules allow a conference to use the records of teams in the conference at the time they played to requalify even if those teams are gone in the following period. By keeping Syracuse, Pitt and West Virginia for 2 more years, AQ status is guaranteed for 6 years, and the TV deal is fare more valuable. There is zero chance that West Virginia wins the lawsuit once it is property removed to arbitration per the bylaws.

It is funny that the Big 12 is encouraging West Virginia to violate its contract withe Big East so that the Big 12 will not violate its contract with Fox.

Comment by Mustang Mike 11.02.11 @ 3:46 pm

@Yup….ya, what’s your point?

Comment by Dan 11.02.11 @ 3:58 pm

Hey guys, It’s a dog eat dog world. Expecting the schools to show restraint is naive. They like any other big business, will chase the money. They chase federal grants and they’re chasing the athletic conference money. If you think about it, they have to look out for their own best interest. If Pitt hadn’t accepted the invitation to the ACC, UConn or another school would have. If West Virginia hadn’t accepted the Big 12 invatation, Louisville would have taken it in the blink of an eye. It’s just good that Pitt has a safe landing place. Looking back before the first ACC raid, a lot of things in the Big East could have been done differently. Unfortunately inertia prevailed.

Comment by Justinian 11.02.11 @ 4:35 pm

Money, Money, everywhere…

It is my personal opinion that this change in landscape we are seeing is directly due to the lack of leadership amoung the Big East and the greed of a few schools in the south.

Yes, it is about money, but a conference tv contract being pulled in any way shape or form will destroy non-money athletics at universities. Money is a factor, but from my standpoint it almost seems like an attempt to preserve and stablize rather than make the bid for more cash. That is how I see Pitt right now, safe. And I am pretty sure that is what every other team in the Big East wants right now.

Comment by Benzene 11.02.11 @ 5:01 pm

The lawsuit makes perfect sense and is actually a shrewd move. Right now the BE is down to 5 football members and there is a big imbalance b/w football and basketball only members. The timing of WVU filing is important because the BE has not added any additional teams as of yet thereby strengthening WVU’s case that the BE did not live up to its fiduciary obligations with respect to WVU. If this lawsuit is filed after the BE adds teams then the case for WVU is a much weaker one.

Comment by Adam 11.02.11 @ 5:06 pm

Why is the Big East yet again inviting some schools for football only? Don’t they realize that there is no other major conference in the country that has some schools for only one sport and some schools for that plus all others? It makes no sense at all and in my opinion just goes to show the incompetence of the leadership up there in Providence.

Comment by J-man 11.02.11 @ 5:12 pm

GO HOOPIES BURN THE BIG EAST COUCH

Comment by 63 Team 11.02.11 @ 5:16 pm

@J-man

It makes sense in a couple ways:

1) By only inviting 3 schools for football only it keeps the Basketball ONLY schools in Control.
And that is paramount for schools like Providence, Seton Hall & DePaul.

2) The 2 of the 3 invited for football ONLY, are like in the Mountain Time Zone, Boise & AirForce.
Besides the rigors of basketball season travel, the BigEast Monday & Weds nite TV games would be on at 5pm Mountain Time. Which is ludicrous.
And if indeed Navy came on board, they’d be a basketball doormat.

So it does indeed make sense for Providence.

Comment by EMel 11.02.11 @ 5:55 pm

I’m not sure the timing of the lawsuit makes much difference in regard to the Big East adding new teams. If WVU were really concerned about whether any new teams were going to be added, they could have just asked the Big East when/if it was going to happen. By all accounts the Big East may add SMU, UCF, and Houston by the end of the week, and possibly Navy & Air Force in the near future. The Big East could have told them this. But the fact that WVU filed their lawsuit only days before those teams come aboard tells me that that was not what WVU was really worried about.

In short, the Big East was trying to perform its “fiduciary obligations”, but WVU didn’t give them the chance.

Comment by JCE 11.02.11 @ 6:11 pm

“Does Greece want to remain part of the euro zone or not,” German Chancellor Angela Merkel said. “That is the question the Greek people must now answer.”

You think we’ve got problems

Comment by steve 11.02.11 @ 7:37 pm

Has it occurred to anyone else that all of this conference hopping has gone far past the point of being ridiculous?

So much of this could have been avoided if the Big East football schools had gone their own way in the late 1990s and told the basketball schools to stick it.

Really, though, it goes back much farther. The NCAA used to control its member football schools with an iron grip, which was broken in the courts. The explosion of cable and satellite TV eventually turned the conferences into a bunch of money hungry mad dogs. Career Congressmen are the only bunch who can match the greed of the college conferences now. There is no controlling body over the conferences and maybe they (the conferences) will destroy the whole thing.

Comment by Penguins Fan 11.02.11 @ 8:25 pm

Have you thought how bad big east BB will be after the 3 of us leave the big east. the schools they are bringing in suck in BB .

Comment by FRANKCAN 11.02.11 @ 8:54 pm

Hi EMel

Comment by FRANKCAN 11.02.11 @ 8:55 pm

Our friends at WVU have put Pitt and SU in a position to come out of this whole conference thing looking relatively good. While WVU and the BE are in the news every day fighting like teenage sisters, Pitt and SU can sit back and wait to see how it plays out. WVU will look foolish win or lose, while Pitt and SU – just by keeping their mouths SHUT — are perceived to be handling their leaving the BE in a classy and dignified manor. WVU is burning bridges while Pitt and SU are doing what they can to ensure the remaining BE FB teams are not left twisting in the wind.

Pitt and SU, do the classy thing. Don’t say a word in public, help the BE behind closed doors, and in turn gracefully get out of the BE in time for the 2013 season. You will be the poster-child of how to leave a conference the “right way.”

Comment by ME 2001 11.02.11 @ 9:49 pm

Several interesting points have been made in the comments. First I could not agree more that the Big East will continue to be dysfunctional as shown by their return to football only schools. One would have thought they learned their lesson with Temple and Virginia Tech.

The basketball schools will continue to dominate the conference if all the invited teams accept. Totally agree also that the three all sports teams will drag the conference down in basketball. That is the reason Pitino and Brey are pushing so hard for Temple and Memphis although I cannot see Temple getting in unless it is over Villanova’s still, cold body.

I am hoping with Chas that Pitt and Syracuse get to leave the conference and join the ACC for the 2013-2014 season. That is a big leap of faith though in that it assumes that the Big East leadership is:
a)logical and b)competent.
Unfortunately I have not seen them exhibit any of those characteristics lately.

Comment by John In South Carolina 11.02.11 @ 11:32 pm

You are correct FRankCan,

The 3 teams being added for all sports, Houston, SMU & UCF are not very good in hoops. That should make marginal (at best) programs like Providence and Seton Hall and St. John’s and Rutgers very happy. They might now have a better chance to get an NCAA tourney bid.

Marinara always is thinking on their behalf mind you. They must ply him with Chianti and linguine and maybe a little Anisette.

Comment by EMel 11.02.11 @ 11:51 pm

Pitt Panther fans: In the grand scheme of things, waiting 27 months to move to the ACC is not a big deal. The football class of 2014 could be the class that gets an ACC ring.

I hope WV will get what they want and can move to the Big 12 next season. We may dislike WV but they kept Big East football in the top 25 polls almost every season since VA Tech and Miami left for the ACC. Let’s give WV some credit for trying to get out of the Big East because the BE conference will no longer be a football BCS qualifier in a few years not matter what teams join the BE.

We also may not like our AD but he and our Chancellor did a good job in securing a conference for Pitt where they can be competitive and their fans can get to away games in a warmer climate. HTP!

Comment by MariettaMike 11.03.11 @ 6:58 am

Does anyone know if Pitt plays a football game this week? I’d rather talk about actual sports.

Just wondering, since we’re spending so much time on an issue that will have so many twists and turns over the next few months that whatever time is wasted on analysis by us in the here and now amounts to zero in the final deal pounded out by the scum sucking attorneys in some back room in the future.

Comment by Dr. Tom 11.03.11 @ 7:27 am

Smizik just quoted the Big 12 as clarifying that the invite to the hoopies is NOT contingent upon them playing next year. Relax. Too many moving parts. Best case scenario is the schools leaving the BE after next year. Unless the BE implodes altogether, which is entirely possible with the polituro in Providence. By the way Oliver, you being a smart lawyer and all, when was the last time you ever witnessed a lawsuit actually speeding up anything?

Comment by wally 11.03.11 @ 8:01 am

I find this to be a pretty fair and comprehensive analysis of our AD … and the point about Pederson’s ego getting in his way is poignant and right on. IMO, Smug Steve has also been dishonest in trying to weasel out of situations of his doing and deflect the blame to others.

link to panthersprey.blogspot.com

Comment by wbb 11.03.11 @ 8:09 am

EMel,

You make some good points. My main point is that no conference can exist cohesively when the interests are split like that, especially when football is the big money maker. I know hoops are crucial to schools that don’t have football like DePaul, Providence, etc, but that’s precisely why the hoops schools need to split off and form their own league. That way the clowns in Providence can run that league and the football schools that remain can have their own leadership looking out for their interests.

Comment by J-man 11.03.11 @ 1:40 pm

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Comment by Suzanne 11.04.11 @ 4:45 am

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