(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

Yeah this is what I’m thinking.

Ol one step forward two steps back San Diego State strikes again. Remember when they were joining the Big East?

I will say, none of us know the actual intel they had so blaming the Pac commish or whomever else is foolish

(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

Contrary..I think them getting the July 17th meeting is gift to SDSU but that is about it. The presidents are on vacay till then and then they need to vote to let SDSU back in. I believe they will get back in but they will lose their 6 Million payout as a fee to be reinvited. Fresno and SJSU will accept them since were all the same University but don't know how the free range schools will feel the same. Especially the original MWC members, doing this a second time might be hard to swallow.

I agree that there is too much to lose on both sides. As soon as one MWC leaves for the PAC, the more leverage the new PAC will have to poach more MWC members. Not that that couldn’t eventually happen, but there is still the chance the PAC is completely decimated that the MWC is able to absorb its remaining members (notably Wazzou and OreSt alone).

(07-04-2023 01:41 AM)smithy Wrote:  

(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

Contrary..I think them getting the July 17th meeting is gift to SDSU but that is about it. The presidents are on vacay till then and then they need to vote to let SDSU back in. I believe they will get back in but they will lose their 6 Million payout as a fee to be reinvited. Fresno and SJSU will accept them since were all the same University but don't know how the free range schools will feel the same. Especially the original MWC members, doing this a second time might be hard to swallow.

Get your popcorn ready. Should be a bumpy few weeks for SDSU.

(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

I still think this is overplaying the MWC's hand. The Mountain West has not acted in good faith -- they knew that SDSU's letter was not binding, but they chose to treat it as though it were, even after SDSU clarified that it was never intended to be a resignation letter.

Meanwhile the MWC is holding on to $6 million of SDSU's money while they "think it over".

Why should San Diego State acknowledge any wrongdoing? They did exactly what I would hope any partner of mind did: When they had a good idea that things were going to change, they let their partners know so that they could all plan accordingly, all while keeping mindful of their contractual obligations.

I really don't know what San Diego State's ask could be, but as far as I'm concerned the Aztecs are in the drivers seat for any negotiations.

(07-04-2023 01:41 AM)smithy Wrote:  

(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

Contrary..I think them getting the July 17th meeting is gift to SDSU but that is about it. The presidents are on vacay till then and then they need to vote to let SDSU back in. I believe they will get back in but they will lose their 6 Million payout as a fee to be reinvited. Fresno and SJSU will accept them since were all the same University but don't know how the free range schools will feel the same. Especially the original MWC members, doing this a second time might be hard to swallow.

They may have essentially gotten the extension they were asking for, not the full month but if a PAC invite comes in the next two weeks then they’re golden. If not they’ll ask to be reinstated but I agree it will probably come with a cost.

(07-03-2023 10:58 PM)OneSockUp Wrote:  

(07-03-2023 10:13 PM)bullet Wrote:  There was no rational way to read that letter other than as a withdrawal.
SDSU is out and owes.

Legally, there is no rational way to read that letter as a legally binding withdrawal. It was a letter of intent, which is generally considered a starting point of negotiation.

When there are questions about whether a LOI could be legally binding, you look to whether all parties agree that it was binding, which SDSU made ever more crystal clear after the MWC tried to accept the LOI as a resignation letter.

I don't know what the MWC's goal is with this posturing, but in their best-case scenario they will have to renegotiate their media deals with questions hovering about whether their most valuable program is indeed a member of the league.

I am not a lawyer but having read Commisioner Nevarez Bio, she doesn’t seem like someone who would not understand the implications:

A Bay Area native, Nevarez graduated from Santa Clara High School.[7] Nevarez went on to attend the University of Massachusetts (UMass), where she was a scholarship student-athlete in basketball.[8] Nevarez graduated from UMass (*** laude) with a B.S. in Sports Management.[9][6] After completion of her career at UMass, Nevarez attended the University of California, Berkeley, Law where she graduated with a Juris Doctor.[10]

Boalt law school is a very good law school …..

Nevarez is married to fellow University of California, Berkeley, Law graduate Richard Young.[5] Additionally, Nevarez has served as an adjunct faculty member at the University of San Francisco teaching on topics in sports law.[5]

Lastly just stop with the MWC’s most valuable program. Football drives the bus on TV contracts and SDSU is third and arguably 4th.

(07-04-2023 03:11 AM)RUScarlets Wrote:  I agree that there is too much to lose on both sides. As soon as one MWC leaves for the PAC, the more leverage the new PAC will have to poach more MWC members. Not that that couldn’t eventually happen, but there is still the chance the PAC is completely decimated that the MWC is able to absorb its remaining members (notably Wazzou and OreSt alone).

The PAC isn’t poaching more MWC members. ESPN wanted the PAC to take Fresno to keep 4 schools in CA and the PAC refused.

From a MWC standpoint stability matters. SDSU hanging around with one foot out the door is not great for the organization. They want to move on and it appears they will do so.

SDSU: "Hey! Boise St. did the same thing and you gave them half the conference !!!"

(07-04-2023 09:36 AM)Sactowndog Wrote:  

(07-03-2023 10:58 PM)OneSockUp Wrote:  

(07-03-2023 10:13 PM)bullet Wrote:  There was no rational way to read that letter other than as a withdrawal.
SDSU is out and owes.

Legally, there is no rational way to read that letter as a legally binding withdrawal. It was a letter of intent, which is generally considered a starting point of negotiation.

When there are questions about whether a LOI could be legally binding, you look to whether all parties agree that it was binding, which SDSU made ever more crystal clear after the MWC tried to accept the LOI as a resignation letter.

I don't know what the MWC's goal is with this posturing, but in their best-case scenario they will have to renegotiate their media deals with questions hovering about whether their most valuable program is indeed a member of the league.

I am not a lawyer but having read Commisioner Nevarez Bio, she doesn’t seem like someone who would not understand the implications:

A Bay Area native, Nevarez graduated from Santa Clara High School.[7] Nevarez went on to attend the University of Massachusetts (UMass), where she was a scholarship student-athlete in basketball.[8] Nevarez graduated from UMass (*** laude) with a B.S. in Sports Management.[9][6] After completion of her career at UMass, Nevarez attended the University of California, Berkeley, Law where she graduated with a Juris Doctor.[10]

Boalt law school is a very good law school …..

Nevarez is married to fellow University of California, Berkeley, Law graduate Richard Young.[5] Additionally, Nevarez has served as an adjunct faculty member at the University of San Francisco teaching on topics in sports law.[5]

Lastly just stop with the MWC’s most valuable program. Football drives the bus on TV contracts and SDSU is third and arguably 4th.

Location and market. If the other MWC programs are so valuable why havent they ever been elevated? Boise? Theyre never getting invited to the Big 12 or even the AAC again. Their location and academics are not ideal.

This is typical play. Publicly, you show a few fingers. Privately, you reveal your hand. Negotiations. SDSU returneth. Move on. The MWC and SDSU need each other more than not.

(07-04-2023 10:33 AM)UCGrad1992 Wrote:  

lololol… absolutely nailed it

(07-04-2023 09:36 AM)Sactowndog Wrote:  I am not a lawyer but having read Commisioner Nevarez Bio, she doesn’t seem like someone who would not understand the implications:

A Bay Area native, Nevarez graduated from Santa Clara High School.[7] Nevarez went on to attend the University of Massachusetts (UMass), where she was a scholarship student-athlete in basketball.[8] Nevarez graduated from UMass (*** laude) with a B.S. in Sports Management.[9][6] After completion of her career at UMass, Nevarez attended the University of California, Berkeley, Law where she graduated with a Juris Doctor.[10]

Boalt law school is a very good law school …..

Nevarez is married to fellow University of California, Berkeley, Law graduate Richard Young.[5] Additionally, Nevarez has served as an adjunct faculty member at the University of San Francisco teaching on topics in sports law.[5]

Lastly just stop with the MWC’s most valuable program. Football drives the bus on TV contracts and SDSU is third and arguably 4th.

I am a lawyer -- or at least I was. Since I stopped practicing I have written my share of letters of intent. They are never legally binding -- they are basically a first offer.

Sure, Nevarez is a lawyer, but SDSU is also represented here -- more than likely by people who have decades of experience in contract law. Sometimes people have to posture in order to make it seem like they're doing their job as well as possible. See e.g. Biden's college loan forgiveness plan.

(07-04-2023 10:06 AM)Bear Catlett Wrote:  SDSU: "Hey! Boise St. did the same thing and you gave them half the conference !!!"

San Diego State was not the cash cow of the conference.

(07-04-2023 01:32 AM)esayem Wrote:  

(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

Yeah this is what I’m thinking.

Ol one step forward two steps back San Diego State strikes again. Remember when they were joining the Big East?

I will say, none of us know the actual intel they had so blaming the Pac commish or whomever else is foolish

Is it? The Pac has a long and distinguished history of stringing schools along, only to pull a Lucy and move the football at the last possible second and embarrass said schools. They did it to Texas more than once. OU. Texas Tech. OSU. SDSU. SMU. Perhaps it's best to just say that the Pac is cursed and the College Sports landscape is better off without them?

(07-04-2023 01:41 AM)smithy Wrote:  

(07-04-2023 01:25 AM)HawaiiMongoose Wrote:  I expect that on July 17th the MWC board will vote to accept SDSU back into the conference and to not levy an exit fee or re-entrance fee (allowing the $6.6 million distribution to proceed). In exchange SDSU will have to sign a legal document acknowledging its agreement with the MWC’s interpretation of events, promising not to pursue any legal action connected with those events, and reaffirming its commitment to abide by conference by-laws going forward.

However in the meantime I don’t think Nevarez is the least bit concerned about making SDSU sweat.  As others have suggested, a message is being sent and it’s not only directed at SDSU.

Contrary..I think them getting the July 17th meeting is gift to SDSU but that is about it. The presidents are on vacay till then and then they need to vote to let SDSU back in. I believe they will get back in but they will lose their 6 Million payout as a fee to be reinvited. Fresno and SJSU will accept them since were all the same University but don't know how the free range schools will feel the same. Especially the original MWC members, doing this a second time might be hard to swallow.

It's all posturing for a future settlement for now. When/if 2024 rolls around and SDSU still needs a home then there will be more of an impetus to sort out if that home will be the MWC.

(07-03-2023 10:58 PM)OneSockUp Wrote:  

(07-03-2023 10:13 PM)bullet Wrote:  There was no rational way to read that letter other than as a withdrawal.
SDSU is out and owes.

Legally, there is no rational way to read that letter as a legally binding withdrawal. It was a letter of intent, which is generally considered a starting point of negotiation.

When there are questions about whether a LOI could be legally binding, you look to whether all parties agree that it was binding, which SDSU made ever more crystal clear after the MWC tried to accept the LOI as a resignation letter.

I don't know what the MWC's goal is with this posturing, but in their best-case scenario they will have to renegotiate their media deals with questions hovering about whether their most valuable program is indeed a member of the league.

Conferences define withdrawal pretty broadly. A letter of intent IS a formal withdrawal in the by-laws of some of the conferences we have discussed.

(07-04-2023 09:36 AM)Sactowndog Wrote:  

(07-03-2023 10:58 PM)OneSockUp Wrote:  

(07-03-2023 10:13 PM)bullet Wrote:  There was no rational way to read that letter other than as a withdrawal.
SDSU is out and owes.

Legally, there is no rational way to read that letter as a legally binding withdrawal. It was a letter of intent, which is generally considered a starting point of negotiation.

When there are questions about whether a LOI could be legally binding, you look to whether all parties agree that it was binding, which SDSU made ever more crystal clear after the MWC tried to accept the LOI as a resignation letter.

I don't know what the MWC's goal is with this posturing, but in their best-case scenario they will have to renegotiate their media deals with questions hovering about whether their most valuable program is indeed a member of the league.

I am not a lawyer but having read Commisioner Nevarez Bio, she doesn’t seem like someone who would not understand the implications:

A Bay Area native, Nevarez graduated from Santa Clara High School.[7] Nevarez went on to attend the University of Massachusetts (UMass), where she was a scholarship student-athlete in basketball.[8] Nevarez graduated from UMass (*** laude) with a B.S. in Sports Management.[9][6] After completion of her career at UMass, Nevarez attended the University of California, Berkeley, Law where she graduated with a Juris Doctor.[10]

Boalt law school is a very good law school …..

Nevarez is married to fellow University of California, Berkeley, Law graduate Richard Young.[5] Additionally, Nevarez has served as an adjunct faculty member at the University of San Francisco teaching on topics in sports law.[5]

Lastly just stop with the MWC’s most valuable program. Football drives the bus on TV contracts and SDSU is third and arguably 4th.

I might call them 2nd, but clearly Boise is the most valuable program. You could argue Air Force or Fresno being more valuable.

(07-04-2023 11:43 AM)OneSockUp Wrote:  

(07-04-2023 09:36 AM)Sactowndog Wrote:  I am not a lawyer but having read Commisioner Nevarez Bio, she doesn’t seem like someone who would not understand the implications:

A Bay Area native, Nevarez graduated from Santa Clara High School.[7] Nevarez went on to attend the University of Massachusetts (UMass), where she was a scholarship student-athlete in basketball.[8] Nevarez graduated from UMass (*** laude) with a B.S. in Sports Management.[9][6] After completion of her career at UMass, Nevarez attended the University of California, Berkeley, Law where she graduated with a Juris Doctor.[10]

Boalt law school is a very good law school …..

Nevarez is married to fellow University of California, Berkeley, Law graduate Richard Young.[5] Additionally, Nevarez has served as an adjunct faculty member at the University of San Francisco teaching on topics in sports law.[5]

Lastly just stop with the MWC’s most valuable program. Football drives the bus on TV contracts and SDSU is third and arguably 4th.

I am a lawyer -- or at least I was. Since I stopped practicing I have written my share of letters of intent. They are never legally binding -- they are basically a first offer.

Sure, Nevarez is a lawyer, but SDSU is also represented here -- more than likely by people who have decades of experience in contract law. Sometimes people have to posture in order to make it seem like they're doing their job as well as possible. See e.g. Biden's college loan forgiveness plan.

This is not a contract and an offer.