For You Realignment Nerds, Copy Of Big East Bylaws Available

[Rumrunner]

http://www.providencejournal.com/sports/

 

[nelsonmuntz]

where?

 

[Rumrunner]

Under College Sports,
"Extra Read Big East's Lawsuit Against WVU"

Don't know why direct link not working.

 

[FriarJ]

Under College Sports,
"Extra Read Big East's Lawsuit Against WVU"

Don't know why direct link not working.

http://news.providencejournal.com/breaking-news/2011/11/04/bigeast_v_wvu_110411.pdf

 

[CTMike]

Guess I'm a realignment nerd because I read the lawsuit and the bylaws.

Regarding the lawsuit... I'm no legal expert, but it reads very clear and true. Nothing to really argue with in the complaint- states things pretty factually.

Bylaws - these are fun.

"Division I-A School" means each Member of the Conference which participates in NCAA Division I-A Football within the Conference. The term "Division I-A School" shall not include a Football Affiliate for the purpose of these Bylaws. The term "Division I-A School" shall not include the University of Notre Dame.

"Football Action" means any matter or action which relates specifically to any participation in NCAA Division I-A football by Division I-A Schools and "Football Affiliates"...

"Notwithstanding any provision in these Bylaws to the contrary, any vote on a matter constituting a Football Action shall be passed by a majority vote of all Division I-A School directors only, or, where applicable, by a majority vote of all Division I-A School Athletic Directors only..."

Basically, if it's a football-only matter, then the football schools who are full conference members - not a football only affiliate - get to vote.

 

[CTMike]

Regarding New Members :
An institution which meets the qualifications for membership set forth in these Bylaws may be admitted in to the Conference as a new Member by a vote of at least three-fourths of all the Directors on the Board ("Directors"), under the terms and conditions established by that vote; provided however in extraordinary circumstances the 1-A Directors may add a Member(s) as a football action. In the event: (i) new Member(s) are added because of extraordinary circumstances and (ii) there is a vote in which all Division 1-A Schools vote one way and all the Non-Division 1-A Schools vote another way, such a vote shall be deemed a tie, notwithstanding the number of schools voting.

So, during normal circumstances, adding a member involves the whole conference... unless it is deemed a "football action". In this scenario, if the full football members all vote one way, and the non-football members vote another way - the vote is considered a tie. No word on how the tie is broken.

 

[CTMike]

Leaving the conference :
Effective on the date that a Member delivers notice to the Conference of its intent to withdraw from the Conference, whether under these Bylaws or the 2001 Constitution, as applicable, the CEO of the Withdrawing Member shall automatically cease to be a Director and shall cease to have the right to vote on any matter.

-This confirms that Pitt, Cuse, and WVU are no longer voting members.

As noted, at least 27 months are required, and all departures take place on July 1. Non-football schools must kick in $5mil. Football schools must kick in $5 mil... for now. Once Navy OR Air Force joins, this gets bumped to $10 mil for the football schools. If at any time the Big East is notified that it will lose AQ status, this fee reverts back to $5 mil regardless of Navy or Air Force. If the departure reduces television/media revenues, this exit fee could potentially be revised upwards.

All members agreed to follow the process set forth in the bylaws to exit, and that they would be subject to injunction to comply with these requirements if they try to duck them. This is spelled out very, very clearly.

Any revenues taken in by the conference that are to be distributed to a withdrawing member - their share gets deducted based upon what is due for an exit fee. I thought that was a nice touch.

If a school decides to downgrade to D 1-AA, D1-AAA, or DII... exit fees and 27 months notice are not required.

Dissolution :
The Conference may be dissolved upon a vote of at least two-thirds of all eligible Directors.

 

[CTMike]

Last tidbit :
A "Football Affiliate" is not considered a full member of the conference - they can't vote, and they are only entitled to their share of football-related revenue. However, if the BCS decides that a "Football Affiliate" doesn't count, there are provisions in the bylaws to have a vote to include them as a limited member.

 

[kingdobbs]

It appears, according to 11.01 of the by-laws, that there's a suspension option available to the conference as regards West Virginia. Since they've attempted to withdraw, and the lawsuit they have filed should constitute an attempt to withdraw without following the provisions in 11.02, a 3/4 majority vote of the conference board (once WVU has had their chance to explain in front of the board) can suspend West Virginia from conference play in any sport (and for fewer than all sports, that is 3/4 of the membership who plays in that sport - for football, that would be 4 of the 5 schools remaining; for basketball, the threshold is ten members). The board can also vote to terminate, but that gives WVU exactly what it wants.

So it appears that, should the Big East need an option beyond the countersuit, that it can suspend West Virginia in football and basketball, which means they derive no NCAA tournament, football bowl, or television revenue in those sports. It's unclear, however, as to what the other rights of membership are that WVU can be denied (and very possible that it's written into the terms under which the school would be suspended).

Of further interest is that the suspension is not subject to an outside review or appeal, and can only be overturned by a 3/4 vote of membership.

I wouldn't expect a suspension to happen, though, unless (a) the two suits aren't merged into one action, (b) the suits are not somehow settled out of court, and (c) WVU's suit is denied and the Big East's is upheld, meaning WVU will be held to the full exit provisions, including the 27 months. At that point, the purpose would only be punitive (and probably seen as petty, which is probably why, as far as we know, it hasn't been pursued yet).

 

[nelsonmuntz]

I wonder who asked for the downgrade provision?

 

[ctchamps]

Leaving the conference :
Effective on the date that a Member delivers notice to the Conference of its intent to withdraw from the Conference, whether under these Bylaws or the 2001 Constitution, as applicable, the CEO of the Withdrawing Member shall automatically cease to be a Director and shall cease to have the right to vote on any matter.

-This confirms that Pitt, Cuse, and WVU are no longer voting members.

As noted, at least 27 months are required, and all departures take place on July 1. Non-football schools must kick in $5mil. Football schools must kick in $5 mil... for now. Once Navy OR Air Force joins, this gets bumped to $10 mil for the football schools. If at any time the Big East is notified that it will lose AQ status, this fee reverts back to $5 mil regardless of Navy or Air Force. If the departure reduces television/media revenues, this exit fee could potentially be revised upwards.

All members agreed to follow the process set forth in the bylaws to exit, and that they would be subject to injunction to comply with these requirements if they try to duck them. This is spelled out very, very clearly.

Any revenues taken in by the conference that are to be distributed to a withdrawing member - their share gets deducted based upon what is due for an exit fee. I thought that was a nice touch.

If a school decides to downgrade to D 1-AA, D1-AAA, or DII... exit fees and 27 months notice are not required.

Dissolution :
The Conference may be dissolved upon a vote of at least two-thirds of all eligible Directors.

If I understand this wording correctly the B12 cannot get any BE teams next season unless the remaining BE football teams vote to separate from the BE. And if they do that the BB only schools will end up having a case against the B12 for collusion to destroy the BE.

If they only invite WV, Cinci and Louisville, those schools along with Cuse and Pitt cannot vote to separate the football schools from the bb only schools and therefore they have to abide by the 27 month requirement unless two of the three schools of Rutgers, UConn and USF vote to separate from the conference. But even then, with the vote of the three remaining schools, I would believe the other schools are still bound to the 27 month rules because they withdrew prior to the separation.

 

[IMind]

I wonder who asked for the downgrade provision?

We'll call that the Seton Hall clause.

 

[CTMike]

If I understand this wording correctly the B12 cannot get any BE teams next season unless the remaining BE football teams vote to separate from the BE. And if they do that the BB only schools will end up having a case against the B12 for collusion to destroy the BE.

If they only invite WV, Cinci and Louisville, those schools along with Cuse and Pitt cannot vote to separate the football schools from the bb only schools and therefore they have to abide by the 27 month requirement unless two of the three schools of Rutgers, UConn and USF vote to separate from the conference. But even then, with the vote of the three remaining schools, I would believe the other schools are still bound to the 27 month rules because they withdrew prior to the separation.

I didn't see a way in the bylaws for the football teams to separate, short of adhering to the 27 month clause and exit fees (or downgrading to D1-AA or lower).