Aggie Departure From Big 12 Challenged
As expected, after Texas A&M notified the Big 12 it intended to leave the conference (see story here), the SEC announced it was willing to add the Aggies. Turns out there is a problem. Baylor University is reported to have threatened a lawsuit against Texas A&M if they leave. Kansas, Kansas State, and Iowa State are rumored to join Baylor with legal action. With the potential of Big 12’s demise, these schools stand to lose millions of dollars in conference revenue, as well as be without an automatic qualifier conference for the BCS Bowl Championship Series.
With the threat of legal action over their head, the SEC is not willing to take Texas A&M, leaving the fate of the school, and even the future of the Big 12, in the air.
In a statement from Dr. Bernie Machen, Chair, Southeastern Conference Presidents and Chancellors, the SEC explains: 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 We were notified yesterday afternoon that at least one Big 12 institution had withdrawn its previous consent and was considering legal action.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.
Big 12 Commissioner Don Beebe released a statement on Wednesday, “This is the first time to my knowledge that a conference has been requested to waive any legal claims toward another conference for any damages suffered with a membership change. The Big 12 Conference was asked by Texas A&M University and the Southeastern Conference to waive any such claim to help facilitate Texas A&M’s departure from the Conference without any consideration to the Big 12. Although they were not obligated to do so, the Big 12 Board of Directors decided to accommodate that request as it relates to The Big 12 Conference, Inc., which is reflected in the September 2 letter sent to SEC commissioner Mike Slive.
However, the waiver did not and could not bind the individual member institutions’ governing boards to waive institutional rights. If the departure of Texas A&M results in significant changes in the Big 12 membership, several institutions may be severely affected after counting on revenue streams from contracts that were approved unanimously by our members, including Texas A&M. In some cases, members reasonably relied on such approval to embark on obligations that will cost millions of dollars.”
As a result, both conferences are essentially leaving this to the individual schools to work out. Reports also say that Baylor and the others have agreed to forego legal action if Oklahoma provides assurance that it will remain in the Big 12.
