Why WVU's Suit Against the Big East Won't Fly

Back in November, when ESPN reported that WVU had filed a lawsuit against the Big East to get out of the required 27-month waiting period, I thought, "How convenient."  I also thought, "How frivolous!"

ESPN went on to say "the school (WVU) says the league (Big East) breached its contract to West Virginia and nullified all bylaws when it stood by and and allowed Pitt, Syracuse and TCU to leave and failed to maintain the quality of competition in the league."

ESPN also reported that WVU believed the Big East would lose its automatic BCS bid and that WVU  pointed toward TCU not being held to the 27-month waiting period as another reason to get out of their contract with the Big East.

Let's Review

About two years ago, when rumors of the Big Ten expanding to 14 or 16 teams kicked up, the SEC's Commissioner Mike Slive made it clear that the SEC would also consider expanding.

Around this time, rumors about Texas A&M joining the SEC were strong, and more rumors spread about the SEC not stopping there, they would be interested in a 14th, and possibly a 15th and 16th team.

ACC Commissioner Jim Swofford started to panic because more rumors swirled, rumors about FSU, Clemson and Virginia Tech being considered as prospects for the new SEC.

The ACC reacted.  In what they said was a protective measure to guarantee the strength of their conference if anyone was gobbled up by the SEC, they added Pittsburgh and Syracuse.

The dominoes kept falling.  Teams in the Big East like UConn, West Virginia, and Rutgers sent out word that they were interested in gaining admission to the ACC, as the possible 15th and 16th teams.

The ACC put Rutgers and UConn on hold when Swofford said they weren't saying no to these two Big East members, but they were just not expanding more at the present.

To WVU the ACC had a different message—NO!

So WVU, feeling lost in the shuffle, was receptive when the Big 12 came calling, and  they said yes.  They didn't say yes, we'll be there in 27 months when our obligation to the Big East is over, they said we'll be there next year, 2012.

Pittsburgh and Syracuse made it clear they would wait the 27-month Big East waiting period, but when Big East Commissioner found out WVU had announced they would be leaving immediately, he said he was going to take them to court to uphold the Big East bylaws.

Well, WVU didn't want to be exposed as the frauds they were, so they mustered up the allegations previously mentioned in this article.

To sum it up, they claimed the Big East didn't treat them fairly and didn't promote a healthy football conference.

What About the Big 12?

Could the Big 12 also be guilty of not maintaining the quality of competition in their league?

Let's compare: while the Big East saw Pitt, Syracuse and TCU bolt, the Big 12 was in the midst of its own exodus project.

Nebraska and Colorado had left for the Big Ten and Pac-10 two years prior.  Texas A&M had formally applied for membership in the SEC, and Missouri had shown interest in the SEC.

We all know that Texas A&M and Missouri are now members of the SEC.

And the Big 12 had other problems, mostly with Texas.  It seemed every team in the Big 12  was unhappy about the Texas Longhorns' television network and all the power it yielded the Longhorns.

So what does WVU do?  WVU leaves the Big East, a conference they're accusing of doing nothing to stop three of its teams from leaving, and they join the Big 12. 

They join a conference that has experienced as high a degree of uncertainty, actually more than the conference whose contract they are trying to breach.

One more thing about the Big 12—it's no secret that four of its teams (Texas, Texas Tech, Oklahoma and Oklahoma State) are constantly rumored to be the four teams the Pac-12 will chose when they grow their conference to 16.

What About WVU's Claim That TCU Got Preferential Treatment?

Sometimes I don't think WVU and its fanbase can handle the truth. 

As Jack Nicholson said in A Few Good Men, "You want the truth? You can't handle the truth!"

The truth is WVU is a founding member of the Big East.  They authored the bylaws and agreed to abide by them.  TCU never played one game in the Big East conference.

The Big East failed to guarantee TCU the same parameters that existed at the time they joined.  When Syracuse and Pitt announced they were leaving, the parameters changed.

WVU is part of the Big East.  They had had the chance to make changes from within—they have not.

TCU is a completely different situation than WVU, and the Big East, through its commissioner John Marinatto, has the discretion to handle these two cases in a separate manner.

What Happens Next?

WVU filed suit against the Big East in a West Virginia court.  The Big East filed suit in a Rhode Island court against WVU.

Both parties filed motions to throw out each other's suits.  Both motions were overturned.

So where will WVU be playing football next year?

I don't think anyone knows at this time, but if anyone watched this year's Pinstripe Bowl, they would have heard ESPN's Chris Fowler say, "WVU will be the favorite to win the Big East next season."