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C-USA response to defectors


Jonnyeagle

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“There is major realignment happening across the collegiate athletics landscape. All conferences and their members have agreed upon bylaws and contractual obligations for when transition occurs. We have chosen not to engage publicly, but have communicated with our member institutions and expect them to meet those obligations.”
 

read more: https://www.wruf.com/headlines/2022/02/14/scheduling-issues-with-c-usa/

Edited by Coach Andy Mac
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9 hours ago, Arkstfan said:

Or CUSA could act like grown-ups the way the Sun Belt did when MTSU and FAU wanted to leave early and do what anyone in business with any sense does and negotiates terms of early departure instead of refusing to even discuss it. There was no big drama when the two of them wanted out without following the conference constitution and bylaws. The Sun Belt and the two schools talked and worked out a deal.

Conference USA of course isn’t led well, efficiently or maturely and so has refused to act in the same manner.

CUSA invited MTSU and FAU on November 28, 2012 and by January 22, 2013 a deal was hammered out to permit their early departure.

USM, Marshall, ODU were invited October 22, 2021, the schools have asked to negotiate an agreement and have been ignored. If anyone needs it STUCK TO THEM, it’s the trash in CUSA that can’t offer reciprocal decency even with an extra month headstart.

These 3 are trying to negotiate reduced exit fees in my mind when they are under contract. That is why C-USA is not negotiating at this time. I think you also have to look at the schools that are not leaving early. I'm sure this could cost them some money with having to reschedule games. Make the Punks Pay!

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9 hours ago, Arkstfan said:

Or CUSA could act like grown-ups the way the Sun Belt did when MTSU and FAU wanted to leave early and do what anyone in business with any sense does and negotiates terms of early departure instead of refusing to even discuss it. There was no big drama when the two of them wanted out without following the conference constitution and bylaws. The Sun Belt and the two schools talked and worked out a deal.

Conference USA of course isn’t led well, efficiently or maturely and so has refused to act in the same manner.

CUSA invited MTSU and FAU on November 28, 2012 and by January 22, 2013 a deal was hammered out to permit their early departure.

USM, Marshall, ODU were invited October 22, 2021, the schools have asked to negotiate an agreement and have been ignored. If anyone needs it STUCK TO THEM, it’s the trash in CUSA that can’t offer reciprocal decency even with an extra month headstart.

Would rather have this worked out to the mutual benefit of all involved.  On one side you have the schools that want to leave early say "we signaled our intentions to the league to leave early" and on the conference side they are saying "we signaled that we expect all member institutions to live up to their obligations."

Great, everyone signaled their intensions.  When all is said and done, however, C-USA members agreed to the conference by-laws when they joined that said they must give 14 months notice prior to departure.  The early defectors basically said, "yeah, we're not doing that....we're leaving now."  Could C-USA have been magnanimous and worked out a deal that would have allowed them to leave early?  Sure, I guess, but it is not obligated to and in the best interests of the rest of the conference members it really couldn't.  I don't know if "accepting to abide by the conference by-laws" amounts to a contract, but it appears to this layman that the Conference is in the right here and if push comes to shove, it will prevail.  The defecting members did not give 14 months notice.  That is not in dispute.  Are there other extenuating circumstances?  Who knows, but I'm sure lawyers will have some fun no matter what.

I'm not trying to be a cheerleader for the Conference or its leadership.  It seems one side wants to uphold the terms of the "contract" (if that's what it is) and the other wants to break the terms of the contract.  If both sides decide to dig their heals in, it seems like one is going to win.  No clue what "winning" looks like in this situation.

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3 minutes ago, MeanGreenTexan said:

Jilted Judy.   Typical immovable, reactionary C-USA leadership.

Why would people here want to hold the SBC-bound schools' feet to the fire?   If the roles were reversed and NT/UAB/UTSA/Rice/Charlotte/FAU were all trying to get to the AAC early, wouldn't we want to be able to negotiate out?

Agree but they did sign a contract and should have to pay the penalties if they are bailing on us early?

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4 minutes ago, greengal said:

Agree but they did sign a contract and should have to pay the penalties if they are bailing on us early?

NT is leaving the conference and will owe a buyout as well, just not as early as the SBC-bound schools.   If we can assist these other schools in negotiating an agreement, we might be able to set a precedent & help ourselves.

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11 hours ago, NorthTexan95 said:

Should most or all of the blame for this fall on Judy?  I'd think there might be some schools' leadership that is also part of the issue. 

Presidents and chancellors call the shots. There’s five voting members, one of whom was able to leave Sun Belt early via negotiation 

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2 hours ago, Wag Tag said:

These 3 are trying to negotiate reduced exit fees in my mind when they are under contract. That is why C-USA is not negotiating at this time. I think you also have to look at the schools that are not leaving early. I'm sure this could cost them some money with having to reschedule games. Make the Punks Pay!

How do you figure they are negotiating for less?  No one writes a check to the conference they just don’t get a cut. Unless you think tv partners are going to cut the payout because they are gone the CUSA revenue stays the same and the cut stays five ways. They are not shafting CUSA out of money, they are offering to write a check to increase CUSA revenue. 

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3 minutes ago, Arkstfan said:

How do you figure they are negotiating for less?  No one writes a check to the conference they just don’t get a cut. Unless you think tv partners are going to cut the payout because they are gone the CUSA revenue stays the same and the cut stays five ways. They are not shafting CUSA out of money, they are offering to write a check to increase CUSA revenue. 

Do you have a source on this? Everything I’m reading they pay $3m. I have posted 2 from separate sources.

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2 hours ago, keith said:

Would rather have this worked out to the mutual benefit of all involved.  On one side you have the schools that want to leave early say "we signaled our intentions to the league to leave early" and on the conference side they are saying "we signaled that we expect all member institutions to live up to their obligations."

Great, everyone signaled their intensions.  When all is said and done, however, C-USA members agreed to the conference by-laws when they joined that said they must give 14 months notice prior to departure.  The early defectors basically said, "yeah, we're not doing that....we're leaving now."  Could C-USA have been magnanimous and worked out a deal that would have allowed them to leave early?  Sure, I guess, but it is not obligated to and in the best interests of the rest of the conference members it really couldn't.  I don't know if "accepting to abide by the conference by-laws" amounts to a contract, but it appears to this layman that the Conference is in the right here and if push comes to shove, it will prevail.  The defecting members did not give 14 months notice.  That is not in dispute.  Are there other extenuating circumstances?  Who knows, but I'm sure lawyers will have some fun no matter what.

I'm not trying to be a cheerleader for the Conference or its leadership.  It seems one side wants to uphold the terms of the "contract" (if that's what it is) and the other wants to break the terms of the contract.  If both sides decide to dig their heals in, it seems like one is going to win.  No clue what "winning" looks like in this situation.

Contracts exist not just to exchange X for Y, they also exist to set terms when X is not exchanged for Y. Contracts literally exist to provide for what happens when the parties no longer wish to do business with each other. If you put down earnest money to buy your house and change your mind about buying you aren’t forced to buy the house, you give up the deposit you put down. 
 

Per what Tech fans have posted of bylaws, it’s murky at best what recourse CUSA has for an early departure. It contemplates payment of damages but doesn’t provide a method to calculate said damages. 
 

Unless YouTube, tinder and whomever else is paying less for their departure monetary harm to CUSA seems unlikely 

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3 minutes ago, Wag Tag said:

Do you have a source on this? Everything I’m reading they pay $3m. I have posted 2 from separate sources.

An article saying “about” $3 million ain’t saying it’s three million. Tech board has bylaws. You forfeit your cut of revenue. You don’t pay a fixed amount. 

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2 hours ago, greengal said:

Agree but they did sign a contract and should have to pay the penalties if they are bailing on us early?

Exactly. They want to forego sitting around without league revenue for two years. They WANT to pay a financial penalty in lieu of playing 2022-23 in CUSA with CUSA keeping their cut of revenue 

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Yes, those schools signed a contract, however the conference also has a responsibility to do it's best to be productive and prosperous for the member institutions. Judy has a responsibility to lead this conference and make it better. Those two have failed miserably, and it was evident long before the realignment began. 

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Yeah, you forgo two years of conference revenue even WITH 14 months of notice. So I'm guessing they want to make whatever deal it is (pay fees?) to get out. I mean, what's the point of sticking around and not getting paid by the conference (even though the conference pays you in beads, shiny rocks, and Arby's gift cards)?

The Sun Belt defectors aren't having to wait on UT-OU like the rest of the world, so they absolutely SHOULD leave ASAP. 

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I don't think the issue is just between the 3 early defectors and the conference.  It might also be between them and the remaining member institutions.   

Assume that remaining university X has 1, 2 or egads, 3 of its 2022 games scheduled against these early defectors.  Now university X has to scramble for replacement games and may not be able to find them at such late notice.

If CUSA goes forward as an 11 member team does that eliminated divisions and a conference championship game?  Not sure what the TV rights were for that, but it was probably something.

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6 hours ago, Rudy said:

Yes, those schools signed a contract, however the conference also has a responsibility to do it's best to be productive and prosperous for the member institutions. Judy has a responsibility to lead this conference and make it better. Those two have failed miserably, and it was evident long before the realignment began. 

Agree.   Early releases from contracts happen all the time and are negotiated between parties (unless Judy is involved). 

Coaches bail early on signed contracts to go to a better program.  Players are now wanting out early from scholarship contracts and into the portal.  Why not a whole program?

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