COLFAX, Wash. — A Whitman County judge ruled in favor of Washington State University and Oregon State University Monday afternoon, granting the two schools their temporary restraining order against the Pac-12 Conference.
“There is a lot ahead of us as we try and look and decide how we can make sure Washington State and Oregon State’s best interests are really taken care of moving forward,” WSU President Kirk Schulz said.
Just 15 miles north of Pullman, the Whitman County Superior Courtroom was packed on Monday in Colfax, as attorneys for both parties, WSU/OSU and the Pac-12, made their case to Judge Gary Libey.
To kick things off, OSU’s attorney presented an argument on behalf of both schools, addressing three main issues:
The impact Wednesday’s previously scheduled Pac-12 board meeting would have on the future of the two schools.
The fact that the Pac-12 bylaws say the ten departing schools do not get a vote in what happens to the conference from here on out.
And addressing the irreparable harm to WSU and OSU if the Pac-12 board members do meet.
OSU’s attorney says the bylaws make clear that it is the announcement of an intent to withdraw, not the withdrawal itself, prior to August 1, 2024, that triggers automatic removal of voting rights.
The intent to withdraw comes from all departing schools publicly accepting invitations to join other conferences.
The Pac-12’s attorney said both sides are quote, “highly suspicious of each other.”
“Everybody has an interest in the revenue that will be generated that is established in the bylaws for sharing over the coming year,” he said. “If the conference can’t perform, if they can’t deliver on the obligations that make that revenue possible, and it is put into question, everybody loses.”
The Pac-12 attorney also said that Wednesday’s scheduled board meeting could have been used to talk about an employee retention plan. OSU’s attorney said they were told the meeting was going to discuss ways to amend the Pac-12 bylaws, which they did not support, saying their goal is to apply the bylaws, not to rewrite them.
Judge Libey granted the restraining order, but after pleas from the Pac-12 attorney and agreement with the OSU attorney, Libey amended his order to allow the board to discuss an employee retention plan if all members unanimously agree to do so; any action may be adopted if it’s agreed on by the board.
Inside the courtroom, there was agreement from the Zoom attendees, as “Go Cougs” and “Go Beavs” chants echoed the room.
Outside the courtroom, there was agreement from WSU’s president, speaking on behalf of the Cougars.
“I felt pretty good, I thought we had a really good set of arguments, and obviously we were supported by the judge,” WSU President Schulz said. “I certainly concur that if all 12 schools want to go ahead with the employee retention plan in writing, it’s a good compromise.”
Wednesday’s Pac-12 board meeting is cancelled, Judge Libey said he has put the brakes to all future meetings without a court decision.
As for the next hearing in Whitman County, a date has not been set.
