Oregon State, Washington State file grievance against Pac-12 for control of conference

Oregon State and Washington State took legal action against the Pac-12 and Commissioner George Kliavkov “to confirm the conference’s governance structure, access to business information and protect the conference’s assets,” Oregon State said in a statement on Friday. Here’s what you need to know:

• Oregon State and Washington State are the two remaining schools in the conference moving forward. Ten of the 12 programs announced their departure for other conferences, starting in 2024, in the past 18 months.
• According to the Pac-12 Constitution and Bylaws, if a member school gives notice of withdrawal, it immediately ceases to be a member of the Pac-12 Board of Directors, meaning Oregon State and Washington State must now make up the entire Board’s membership.
• Both schools requested a temporary restraining order “to prevent the Pac-12 from allowing departing members of the Pac-12 Board of Directors to meet and attempt to take any action regarding the state of the conference or its administration in ways that prevent OSU and WSU from potentially rebuilding the conference.”
• The actions were taken by the universities to ensure that OSU and WSU are the only two voting members of the Pac-12 Board of Directors.

Next steps

The Pac-12 commissioner recently asked current and former members of the Pac-12 Board of Directors to meet on Sept. 13 to vote on the conference’s “governance approach moving forward,” which Oregon State said violates the Pac-12 Constitution. And regulations.

The temporary restraining order requested by OSU and WSU will attempt to prevent this or similar meetings from taking place and authorize OSU and WSU to make business decisions on behalf of the conference. This would give both schools the option of rebuilding the Pac-12.

What does this mean

An already ugly situation has become even uglier, and more tense. Both Oregon State and Washington State have hinted at their displeasure with the league office, but this takes that to a whole different level. The remaining two Pac-12 schools are headed to scorched earth as they try to retain whatever assets and control they can.

The judging piece is fantastic. I wondered if the departing Pac-12 schools had given written notice of their withdrawals or if their presidents were still technically able to involve themselves in governance issues, and it turns out the two remaining schools were concerned about exactly that scenario. This is their attempt to prevent their peers from controlling assets and money that they believe is theirs – and not allow the schools they leave to make any big decisions that affect their future. — Auerbach

Why is this happening?

Oregon State and Washington State are concerned that the rest of the Pac-12 will vote to dissolve the league and divide the remaining assets among everyone, as the conference’s bylaws state. OSU and WSU believe those 10 departing schools have forfeited those rights and the two will be able to control what’s left, from future money to the value of the Pac-12 Networks and more.

The complaint states that after USC, UCLA and Colorado announced their departures, they did not participate in future board meetings. Therefore, any departing member should not be considered a member of the Board of Directors. It also alleges that on August 29, Klyavkov asked Schultz, in his capacity as chairman of the board, to call a board meeting with all 12 schools.

But Schultz did not do so, so Klyavkov made an appointment himself, which was September 13.

OSU and WSU say in their complaint that the 10 departing members had a conflict of interest and are no longer on the board. The question is, what constitutes formal notice of withdrawal? Was the Pac-12’s actions of removing USC, UCLA and Colorado from future board meetings enough to set a precedent to determine that?

It is up to the court to decide. — My mortal

What Oregon State, Washington State said

Oregon State called the complaint a “critical step” toward “preserving the conference.”

“We owe it to our student-athletes, coaches and fans to do everything we can to protect the Pac-12 Conference and explore all future options,” said Kirk Schultz, WSU president and Pac-12 chairman. “WSU and OSU are working together to determine the best path forward. The future of the Pac-12 should be determined by the remaining members, not by those who leave.”

OSU President Jayathi Murthy added that the two remaining Pac-12 schools are “urgently stepping forward to protect the integrity of the conference and preserve its legacy on behalf of its student-athletes, fans and the conference itself.” She added that the two schools “link arms” to maintain regional rivalries.

Required reading

(Photo: Kirby Lee/USA Today Sports)