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The Western Athletic Conference's lawsuit aimed at forcing Nevada and Fresno State to remain in the league through the 2011-2012 academic year was filed last week because the very survival of the conference is at stake, commissioner Karl Benson said on Tuesday morning.
Stating the WAC bylaws clearly prevent the two schools from bolting to the Mountain West Conference next season, and that the WAC would be irreparably harmed if it did, Benson spoke of substantial monetary damage to the schools and the league as a whole if Nevada and Fresno State were allowed to head to the MWC in time for 2011.
"The damages the WAC could incur if Fresno State and Nevada left early are very, very significant," Benson said.
According to the WAC bylaws, a school must inform the conference of its intention to leave for the next season by July 1. If not, the school is committed to the league for two seasons. Boise State announced its intention to join the Mountain West on June 11. Fresno State and Nevada didn't announce their plans until Aug. 18.
"We have declared consistently that the schedule for 2011 would be drastically challenging for the remaining six members if Nevada and Fresno State left," Benson said. "Contracts with bowl partners would be damaged, our television contract with ESPN would be affected, there are myriad reasons why Fresno and Nevada need to fulfill their obligations to the conference."
Specifically, Benson said the six schools remaining in his conference already have most, if not all, of their football schedules lined up for next season. If Fresno State and Nevada were allowed to leave, that would put a great strain on the schools.
Benson said that Nevada and Fresno State both wrote him, stating their intention of leaving the conference next season. Benson wrote both schools and warned of the impending lawsuit. He also told MWC Commissioner Craig Thompson the same thing over lunch. He said he hasn't heard from either school since the lawsuit was filed.
"We need assurances that Fresno State and Nevada will participate in the WAC next season," Benson said.
Both Nevada and Fresno State's presidents released statements on Tuesday.
"I am disappointed. It is unfortunate that this matter has moved to litigation before any discussions between the parties were undertaken," Nevada president Milton Glick said. "We have been very public about our desire to resolve these matters directly with the Western Athletic Conference and to do so as expeditiously as possible. At this point, our university legal counsel is in contact with the WAC's attorney."
Said Fresno president John Welty: "We've been advised by the WAC that it has initiated legal action. That is unfortunate. We believe that all the issues can be resolved through discussion rather than through costly legal proceedings."
The other matter at hand is the $5 million buyout that Benson says both schools owe.
While not specifically speaking on the issue, Benson said the two schools have 60 days to deliver payment. The buyouts are a separate issue, Benson said.
The lawsuit filed last week is another step in what's been a drama between the two schools and the conference. The WAC, in late August, seemingly had a deal in place that would have allowed Brigham Young University to leave the Mountain West and join what would've been a nine-team league in all sports but football.
However, Fresno State and Nevada both jumped at MWC invitations on the same day they were offered. The defections left the WAC, and BYU, scrambling. And while BYU has landed in the West Coast Conference, the WAC faces a major rebuilding effort.
tjones@sltrib.com on twitter: @tonyaggieville