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| Friday, June 6 Updated: June 7, 5:58 PM ET Big East suit could stop the process -- for now By Darren Rovell ESPN.com |
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With an announcement of a move by Miami, Boston College and Syracuse to the ACC seemingly coming any day, the timing of the lawsuit filed by the Big East football schools comes as no surprise. Legal action could now slow down the process, especially if the judge grants the Big East schools an injunction, which could stop Miami and Boston College from proceeding with structuring their new alliance with the ACC. "This action was instituted with great reluctance and more out of a concern about protecting our own interests," said David Hardesty, president of West Virginia University, one of five schools that have filed the suit. "We've met for several weeks now over the phone and when we saw this move as becoming more and more inevitable, we thought it was necessary to do something to force discussions, to slow the process down and if necessary ask for injunctive relief." Miami athletic director Paul Dee told the Associated Press on Saturday that the lawsuit will have an effect. "Derail's not the term, maybe tapping on the brakes," Dee said. "The train's not off the track but it's slowing down. We're not going to force anything. It could take a long time to happen.'' Dee refused to comment on when he expects the ACC to vote on whether to invite the three Big East schools. "I do see it slowing down until everybody gets together," he said. "We've had lots of conversations, but it's not for me to make a commitment. That's for the board of trustees and the president to decide." Although Miami, Boston College, and Syracuse -- which was not named in the suit because plaintiffs said they found no evidence the school made promises to stay in the Big East -- have the legal right to leave the conference with the proper notification and buyout fee, the lawsuit alleges that the actions conducted by Miami and Boston College officials are contrary to their contractual and financial obligations to their Big East partner schools. "The conduct of Miami, BC and the ACC -- built on a foundation of furtive dealings, shattered commitments, and violated fiduciary duties -- will cause untold damage to the academic and athletic programs of the remaining members of the Big East," said Jeffrey Mishkin, the lead attorney for the plaintiffs. While the Big East presidents don't cite any evidence that suggest that Miami was in initial negotiations with the ACC at the same time its president Donna Shalala made public statements that the school had no intention of leaving the Big East, the presidents are counting on the fact that information regarding covert talks between school officials and the ACC will reveal itself in the discovery stages leading up to a possible trial. ACC officials did not immediately return calls seeking comment. The Big East football school presidents allege that the formation of the new ACC would come at the expense of the Big East, causing the current schools "to lose hundreds of millions of dollars in (projected) revenues." This is based on the the assumption that the conference would collect Bowl Championship Series money and from the building of new facilities and other upgrades schools made to their athletic programs based on the projected future financial health under the Big East's current membership structure. "Strategies were made, salary structure was changed and facilities were built under the assumption that we were operating under an agreement," said Hardesty, whose school board has already approved $24 million in luxury suites for the football stadium and upgrades to their soccer and basketball facilities. "We've all talked with our athletics directors and others on our campus and we've determined that the damages and injury that would occur would be very significant." The timetable for the future of this case depends on the reaction of the ACC, Miami and Boston College, which have about a month to answer the plaintiff's claims. If this case does go to trial, it will likely take at least a year to make it to court. That would make it harder for Miami and Boston College, even if they prevail, to bring Syracuse with them to start play in a new 12-team ACC by the 2004-05 season. Darren Rovell, who covers sports business for ESPN.com, can be reached at darren.rovell@espn3.com. The Associated Press contributed to this report. |
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