BYU, Utah and six other schools that plan to break away from the WAC are gradually moving forward in the creation of a new athletic conference, despite the threat of legal action.
A transition committee, made up of representatives from the eight departing schools including Utah athletic director Chris Hill (who serves as chairman) and BYU advancement vice president Fred Skousen, is busy laying groundwork for the yet-unnamed league, slated to begin play in 1999."We know there's a lot to be accomplished in the next couple of months," Skousen said. The group has been holding weekly teleconferences, and a face-to-face meeting is scheduled for June 29-30 in Las Vegas.
There has been some preliminary talk about bringing in a consultant or an interim commissioner to assist in the daunting task of establishing a new conference. "We need to have a person who's capable and experienced to help us get started," Skousen said, though he added it is too early to discuss who that person might be.
A likely candidate is Chuck Neinas, a former Conference USA commissioner and College Football Association director, who makes his home in Boulder, Colo. Neinas met with the presidents of the defecting schools earlier this month as a consultant.
Meanwhile, the eight remaining WAC institutions possess their own agenda, having asked commissioner Karl Benson to hire a law firm to review possible breach of contract issues. And at least one school is mulling a lawsuit in order to recover potential financial losses as a result of the breakup of the WAC.
In question is whether the articles of confederation agreement supercedes the conference bylaws. According to the articles of confederation, signed by all 16 league presidents two years ago, the schools decided to remain together through 2001. However, the bylaws state that an institution is free to leave provided it gives 10 months notice.
"Any school can withdraw from the conference. It's pretty clear we can withdraw according to the bylaws of the conference," Skousen said.
For now, no legal action has been taken. BYU officials are optimistic that the dispute will be resolved. "We don't know how serious the talk of a lawsuit is, but we don't anticipate a problem," Skousen said.
Skousen reaffirmed that BYU's departure from the league is neither illegal nor unethical. "We've been carrying more than our share for a number of years in the WAC," he said. "We are trying to preserve our athletic program. We were in a position that was not allowing us to do that."
There has been some speculation that if a lawsuit were filed, seven of the breakaway eight schools would be shielded, either partially or completely, from liability because they are either state or federally funded.
Because BYU is a private school, it might not be granted the same protection. BYU legal counsel Gene Bramhall said he hasn't delved into the public vs. private issue. "I haven't seen anything to suggest there will be litigation," he said.
Still, the possibility of a lawsuit remains. Leading the legal charge for the steadfast WAC schools is Hawaii president Kenneth Mortimer, who hasn't been bashful about expressing his anger at being left out of the new conference. "They (presidents of the departing schools) are the ones who said it is just a business decision," Mortimer told the Houston Chronicle. "And it looks to me like it is a broken business agreement . . . There is no out clause. It is a five-year agree-ment."
Mortimer has threatened legal action because, he said, his school stands to lose millions of dollars over the next five years in potential television and bowl revenue.
Hawaii and Fresno State were lobbying to become the ninth school included in the new conference at the Presidents Council meetings earlier this month. But the presidents of the departing schools decided to limit membership to eight, leaving both out in the cold.
"At least one who wanted to break away with us, and thought it moral to do so, is now one of those who thinks it's immoral," New Mexico president Richard Peck told the Albuquerque Journal. "Anybody can file a suit," he continued. " . . . We'll have to see what it's about. In the bylaws, there's a process to individually leave the WAC. That's what the eight are doing. We are all leaving individually."
SMU president Gerald Turner, chairman of the WAC council, said the schools want to avoid taking legal action against the defectors and that talk of a lawsuit is premature.