Judge’s ruling grants WSU, OSU control of Pac-12
-
Kyle Bonagura, ESPN Staff Writer
A state judge in Washington granted Oregon State and Washington State sole control of the Pac-12 board of directors Tuesday, issuing the ruling at a preliminary injunction hearing in Whitman County Court.
Judge Gary Libey granted a stay of the decision until Monday — at no objection from OSU and WSU — as the 10 schools leaving the Pac-12 following the 2023-24 school year initiate the appeals process.
The decision comes roughly two months after Libey granted a temporary restraining order at the request of OSU and WSU that prevented Pac-12 commissioner George Kliavkoff from calling any Pac-12 board meetings.
“I grew up where conduct spoke louder than words. That’s how my parents treated me and that’s how I treated my children when they were growing up,” Libey said before issuing his decision. “With that in mind, this court finds in favor that the plaintiffs are likely to prevail on their interpretation of the bylaws.”
In a small Whitman County courthouse, roughly 15 miles from WSU’s campus, Libey heard arguments from three parties: OSU/WSU, the Pac-12 and the University of Washington, which entered the case as an intervenor, working on behalf of the nine other departing schools (Arizona, Arizona State, Cal, Colorado, Oregon, Stanford, UCLA, USC and Utah).
Over the course of about two and a half hours, all three parties argued for different outcomes.
OSU and WSU argued — as they have done for weeks in written briefs — that conference bylaws were clear that when schools announced they were joining other conferences, they immediately surrendered their seat on the conference board. That, they argued, was how it worked when UCLA and USC announced they were joining the Big Ten and, again, when Colorado announced it was leaving for the Big 12.
It was not only until the other seven announced they were also leaving, OSU and WSU argued, that those schools’ interpretation of the bylaws changed and claimed that all 12 deserved a seat on the board.
“There isn’t a single document that’s been produced which shows that the University of Washington thought that this was the correct position until it provided its notice of withdrawal and now the shoe was on the other foot,” argued lawyer Eric MacMichael, for OSU and WSU. “But parties are not allowed to just blatantly flip flop on the meaning of contractual provisions just so they can have their cake and eat it too.”
The conference attempted to maintain an appearance of neutrality, lobbying for the terms of the TRO — which required a unanimous vote on any major decision — to remain in place. The conference’s attorney, Mark Lambert, was less assertive when addressing the court, acting more in a capacity of obligation.
Asked by Libey if the Pac-12 wants to continue in its business in the future, Lambert said, “Frankly, that is up to Oregon State and Washington State at this point and the conference and the commissioner are sensitive to those issues and also sensitive to the notion that without a board that makes things difficult.”
The departing schools asked Libey to rule against OSU and WSU outright, which would have essentially given them the right to govern the conference with a 10-2 supermajority.
At the heart of the dispute is forthcoming revenue. The departing schools, as they did in writing earlier this month, expressed concern that OSU and WSU could withhold revenue set to be distributed during this academic year. They also made the case that OSU/WSU’s fear that the departing schools could vote to dissolve the conference — then evenly distribute the remaining assets — was irrelevant because of their belief that process could be conducted without any board action.
“It’s simply the fact that the members could decide to dissolve that they wanted,” argued Dan Levin, for Washington. “Of course, in all this time during these proceedings and before, no member has called for such a vote.”
It’s unclear if the departing schools would attempt to act on that mechanism if they don’t win on appeals.
“We are disappointed with the decision and are immediately seeking review in the Washington Supreme Court and requesting to put on hold implementation of this decision,” the remaining 10 members said in a statement. “As members of the Pac-12, participating in ongoing and scheduled competitions, we are members of the board under the Pac-12 bylaws. We have the right to the revenue earned by our schools during the 2023-2024 academic year, which is necessary in order to operate our athletics programs and to provide mental and physical health services, academic support, and other support programs for our student-athletes.
“We remain committed to the best interests of our student-athletes, athletic departments, and university communities and will persist in our efforts to secure a fair resolution.”
Meanwhile, WSU president Kirk Schulz and athletic director Pat Chun lauded the court’s “common-sense decision.”
“It has always been our view that the future of the Pac-12 should be determined by the remaining members, not by those schools that are leaving the conference,” they said in a statement. “This position is consistent with the action the Pac-12 Board of Directors took when the first two schools announced their departure from the conference more than a year ago.
“We have always been committed to protecting the best interests of the conference, our student-athletes, coaches and fans. Today’s news allows Washington State University and Oregon State University to start that process as the controlling members of the Pac-12 Conference Board.”
Oregon State university president Jayathi Murthy and athletic director Scott Barnes offered a similar sentiment.
“We are pleased with the Court’s decision today that Oregon State and Washington State constitute the only remaining members of the Pac-12 Conference Board,” they said in a statement. “We look forward to charting a path forward for the Pac-12 that is in the best interest of the Conference and student-athletes. Our intentions are to make reasonable business decisions going forward while continuing to seek collaboration and consultation with the departing universities.”
-
Jorge Castillo
NEW YORK — Juan Soto‘s second Subway Series experience in a Mets uniform was a far cry from his first.
In mid-May, Soto received a three-day onslaught of boos from scorned crowds in his return to Yankee Stadium and looked increasingly uncomfortable as the weekend progressed. On Friday, he felt right at home in the teams’ series opener at Citi Field, receiving a standing ovation from his home crowd before his first at-bat and reciprocating the love with a signature performance against his former team.
The soon-to-be five-time All-Star went 3-for-4 with a home run, double and single, falling just a triple shy of the cycle in the Mets’ 6-5 comeback win over the Yankees to continue his scalding stretch over the past month as the Mets won their third consecutive game and the Yankees lost their fifth straight.
“That was awesome,” said second baseman Jeff McNeil, who slashed a go-ahead two-run home run in the seventh inning. “He had a great day. Huge home run. That’s just who he is. It’s fun to watch and I feel like every time he comes to the plate, he’s going to do something cool.”
The day began with the Mets needing a quick counter after the Yankees took a two-run lead on back-to-back home runs from Jasson Dominguez and Aaron Judge to open the game and put rookie Justin Hagenman on his heels in his first career major league start. Soto, moments after absorbing the warm reception, delivered one, lifting a two-run home run to left-center field for his 21st of the season to tie the score and put Hagenman at ease.
“Juan responded right away, just getting the momentum right back,” Mets manager Carlos Mendoza said. “That was the setting-the-tone moment. ‘OK, they punch, we’re going to punch back. Here we are.'”
The 26-year-old Soto followed the two-run blast with a 108.6-mph rope of a double to center field in the third inning and a single in the fifth before cracking a 106.8-mph flyout in his final at-bat in the seventh. Two batters later, McNeil, after Pete Alonso walked to extend the inning, drove a changeup from Luke Weaver down the right-field line to give the Mets the lead.
“I just feel good right now,” Soto said. “I’m seeing the ball really well. I feel like I’m trying to take my chances when I swing the bat. I’m trying to do damage every time and try to help the team win some games.”
Much is different from the first time the Mets and Yankees met this season. Both teams have fallen from first place following dreadful stretches stemming from June 12. Both teams are dealing with various injuries to pitchers, the Mets to a greater extent. And Soto, a Yankee last season, has returned to his usual form for his new club.
Soto emerged from that three-game set in the Bronx earlier in the season with a .246 batting average and .822 OPS on the season. The relative struggles continued over the next two weeks, sinking his batting average to .229 and his OPS to .797 through June 5. The relative struggles drew the ire of fans and New York talk radio. The early return on the Mets’ $765 million investment was one of the few blips in the team’s splendid start.
The storyline has since flipped. Since June 6, Soto is hitting .348 with 10 home runs and a 1.185 OPS in 27 games, earning National League Player of the Month honors for June. On the season, his 21 home runs are tied for ninth in the majors and his .916 OPS is seventh. It’s production the Mets expected — and the production the Yankees know all about.
“It’s pretty special,” Mendoza said. “Every time he’s at the plate, you feel good about your chances. And when we got guys that are getting on base and we’re turning the lineup over and getting him at the plate as many times [as possible] when he’s going like that, it’s a pretty special feeling.”
-
Sports3 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports1 year agoStory injured on diving stop, exits Red Sox game
-
Sports2 years agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports4 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Sports2 years agoButton battles heat exhaustion in NASCAR debut
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike