The three schools suing their conference are all joining the Pac-12 next year.<\/p>\n
Utah State wide receiver Kyrese White (23) runs with the ball against the Boise State defense after a reception in the first half of an NCAA college football game, Saturday, Oct. 5, 2024, in Boise, Idaho. . (AP Photo\/Steve Conner)<\/p>\n
The Mountain West\u2019s conference realignment legal fight gained a new layer Thursday when three departing schools accused the league of improperly withholding tens of millions of dollars \u2014 including Boise State\u2019s College Football Playoff money \u2014 and misleading them about a covert plan to speed up the addition of Grand Canyon University as a member.<\/p>\n
Those complaints are from an updated Colorado district court lawsuit filed against the Mountain West by members Boise State, Colorado State and Utah State. All three are among the schools leaving for the Pac-12 next year.<\/p>\n
The 37-page filing also adds Mountain West commissioner Gloria Nevarez as a defendant. The suit said the league and commissioner \u201cintentionally and fraudulently\u201d deprived the schools of their membership rights and caused millions of dollars in harm while \u201cimpacting the rights and opportunities of Plaintiffs\u2019 student-athletes for their last year in the Conference.\u201d The schools are now seeking damages in the latest complaint.<\/p>\n
\u201cWe are disappointed that the Mountain West continues to improperly retaliate against the departing members and their student-athletes,\u201d said Steve Olson, one of the schools\u2019 outside attorneys and a partner and legal department co-chair at the O\u2019Melveny law firm.<\/p>\n
The Mountain West declined to comment, deferring to a statement from last week. It said, in part, \u201cWe remain confident in our legal position, which we will vigorously defend.\u201d<\/p>\n
The millions of dollars in dispute include CFP money earned through Boise State\u2019s appearance in the inaugural 12-team field last season. The schools\u2019 complaint said travel reimbursements have been unpaid, as have NCAA payments for financial aid, academic programs and athlete welfare. Fresno State athletic director Garrett Klassy told The Athletic last month<\/a> that the lack of NCAA pass-through payments was \u201cdisappointing\u201d and \u201cvery unexpected\u201d because of the potential impact on players\u2019 mental health. Though Fresno State is also moving from the Mountain West to the Pac-12, it is not a part of the lawsuit.<\/p>\n Boise State, Colorado State and Utah State argue the conference should not be withholding the money because its exit fees \u2014 at least $19 million per school \u2014 are unlawful and unenforceable. One argument why: The Mountain West is separately seeking an additional $55 million in poaching fees from the Pac-12<\/a> for adding those three schools plus Fresno State and San Diego State. But those payments are also in dispute because of a different, ongoing lawsuit between the conferences.<\/p>\n The Mountain West has countered that the Broncos, Rams and Aggies not only helped adopt the exit fee bylaws but tried to enforce them against San Diego State two years ago when the Aztecs were pursuing an exit.<\/p>\n \u201cIt is, therefore, inconsistent and unjust for these same institutions to now attempt to evade their responsibilities,\u201d the league said in its statement last week.<\/p>\n Thursday\u2019s updated complaint also explains some of the drama surrounding the Mountain West\u2019s addition of Grand Canyon. The departing schools\u2019 suit labels it \u201cfraud.\u201d<\/p>\n In November, the league announced the Antelopes would join on July 1, 2026 \u2014 the same day Boise State, Colorado State and Utah State will start in the Pac-12. But this spring, the Mountain West\u2019s departing schools heard rumors, including from Grand Canyon coaches, that the Antelopes would join a year earlier. Nevarez repeatedly denied the claim, according to the suit.<\/p>\n The three departing schools eventually concluded Nevarez and the Mountain West were lying and had a \u201cplan to covertly admit\u201d Grand Canyon for the 2025-26 school year. When Boise State, Colorado State and Utah State gave their resignation notices to the league in late May, they relinquished their voting rights and could no longer try to block a move. On July 8, the Mountain West announced that Grand Canyon would, in fact, join immediately.<\/p>\n The early addition of the Antelopes carries multiple potential impacts on the Mountain West\u2019s departing schools. Some schedules, travel, logistics and budgets had already been finalized. A new member could affect conference tournament seeding and NCAA Tournament bids. The financial impact is unknown because the schools haven\u2019t seen Grand Canyon\u2019s agreement with the Mountain West and how it affects conference payouts. But the suit said the move will cost the departing schools millions in damages.<\/p>\n