CrimsonPhantom
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UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
Came across this.
Quote:Incarnate Word will not have to pay the Western Athletic Conference $2 million in exit fees tied to the university's decision to remain in the Southland Conference a week before a planned move to the WAC in July 2022, as the league’s lawsuit was dismissed Thursday in Texas’ Western District Court.
The ruling stated that UIW qualified as a “new member institution” rather than a “member institution” under the WAC bylaws, and the university is therefore not subject to the exit fees assessed to member institutions upon departure.
The league filed the lawsuit against UIW in October 2022, claiming the university’s decision to pull out of the move breached a contract signed in November 2021 that outlined UIW’s intention to join the WAC.
UIW announced just seven days before the planned shift that the program had recommitted to the Southland, arguing that the contract with the WAC was not considered effective until the date of the move.
Though U.S. District Judge Fred Biery noted that the WAC bylaws are “not a model of clarity,” the document repeatedly makes a distinction between “new member institutions” and “member institutions.”
The contract states that UIW’s WAC membership would not commence before July 1, 2022, meaning the university qualified as a “new member institution” prior to that date. No provision in the WAC bylaws outlines exit fees for new member institutions yet to officially commence membership.
"My client, University of the Incarnate Word, is extremely pleased with the court's clear and concise decision," Lamont Jefferson, attorney of record for UIW, said in a statement. "While a few open matters remain, we are hopeful that the WAC and UIW will move forward to quickly and amicably resolve any remaining differences."
The WAC did not immediately respond to requests for comment.
Link
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03-24-2024 01:10 PM |
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FoUTASportscaster
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
Interesting turn of events. Seemed like a slam dunk on the surface, but the conference should prolly find a way to close that loophole.
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03-24-2024 08:57 PM |
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wewererebels
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
Does this mean UTA will have to pay to leave? WE may have to resort to crowd funding.
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03-24-2024 09:16 PM |
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FoUTASportscaster
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
Yes, we are full members.
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03-24-2024 10:34 PM |
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runamuck
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
where else would we go? who would have us?
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03-25-2024 09:00 AM |
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wewererebels
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
(03-25-2024 09:00 AM)runamuck Wrote: where else would we go? who would have us?
We could go to where all our current rivals originated - Lone Star Conference. Is there a transition period to go from I to II? The LSC has been the incubator for Sam, SWT, SFA, TSC, and ETSU, to name a few.
Clearly, our administration has given up on the idea of trying to compete with "peer" or "near peer" institutions, and has repeatedly decided to ignore the referenda votes of students, so why not get even more economical and just hang out at the lower level?
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03-25-2024 09:45 AM |
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Spolovilo4EVER
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
UTA should seriously drop down to the LSC and we could bring up Angelo State or WTAM, both are a much better fit and bring Football.
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03-25-2024 01:02 PM |
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RCI
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
UTA just needs to step up and be a perennial contender in the WAC, and that includes football. It is a real and serious university and could help the WAC become a stronger and more desirable conference. There is a place for a very strong conference that is not power 5 or 6 but rather a solid, all-around group of universities that establish their own identities as "that dangerous bunch in the WAC."
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03-25-2024 07:42 PM |
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Outsider
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
(03-25-2024 07:42 PM)RCI Wrote: UTA just needs to step up and be a perennial contender in the WAC, and that includes football. It is a real and serious university and could help the WAC become a stronger and more desirable conference. There is a place for a very strong conference that is not power 5 or 6 but rather a solid, all-around group of universities that establish their own identities as "that dangerous bunch in the WAC."
+100
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03-25-2024 08:18 PM |
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johnbragg
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
(03-24-2024 08:57 PM)FoUTASportscaster Wrote: Interesting turn of events. Seemed like a slam dunk on the surface, but the conference should prolly find a way to close that loophole.
This got linked on the Conference Realignment board. Generally the way (bigger?) conferences handle this is by writing a penalty clause into the entrance contract.
Boise STate and TCU paid the old Big East money for not joining after signing contracts to join.
A way to get further security there is to require the entry fee up front, which becomes a non-refundable penalty for breaking the contract.
Next time I guess.
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04-28-2024 07:44 AM |
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BlueDragon
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RE: UIW will not pay $2 million in exit fees after WAC lawsuit dismissed
(04-28-2024 07:44 AM)johnbragg Wrote: (03-24-2024 08:57 PM)FoUTASportscaster Wrote: Interesting turn of events. Seemed like a slam dunk on the surface, but the conference should prolly find a way to close that loophole.
This got linked on the Conference Realignment board. Generally the way (bigger?) conferences handle this is by writing a penalty clause into the entrance contract.
Boise STate and TCU paid the old Big East money for not joining after signing contracts to join.
A way to get further security there is to require the entry fee up front, which becomes a non-refundable penalty for breaking the contract.
Next time I guess.
But that would mean the WAC Commissioner would actually have to something besides resemble an hood ornament.
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04-29-2024 02:12 PM |
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