
It’s too bad that the great expansionist Thomas Jefferson isn’t around
Charlottesville today to help clear up the muddied waters of the ACC. The
founder of the University of Virginia doubled the size of the United States
for three cents an acre with the Louisiana Purchase.
Now, it’s UVa holding back the ACC’s attempt to stretch its rubber band from
one end of the eastern seaboard to the other.
We knew from the beginning that North Carolina and Duke were going to vote nay
toward expansion. Those two members of the league are famous for thinking
solely of themselves.
Heck, UNC and Duke would probably vote for contraction or at least a
conference alignment that looked something like this:
The “Us” Division: comprised of UNC and Duke.
The “Them” Division: comprised of everyone else.
That way, Carolina and Duke could play each other 20 times each season and
delight in beating each other’s brains out on a weekly basis. I don’t think
Dickie V could take it.
Bullied around?
There is so much bullspit being spread from Virginia political circles that
the whole involvement of our elected leaders and Virginia Tech president
Charles Steger reeks of hypocrisy. It was one thing to see Gov. Mark R. Warner
try to bully Virginia into supporting Virginia Tech. It was even more
disappointing to see Sen. George F. Allen join the frenzy.
And what about Steger?
First, he leads a delegation from Blacksburg to the ACC headquarters in
Greensboro, N.C., hoping to get an invite the way a teenage girl hopes to be
included in the cheer squad.
Then, when the ACC votes his school down, he joins in a shameful lawsuit
against the league, Miami and BC. According to every law expert I’ve read
about, this suit stands as much chance of going to trial as Bruce Almighty had
of landing his TV station’s news anchor job without heavenly intervention.
Geez, doesn’t that mean that if Tech had originally been invited that Steger
would be trying to destroy the conference he is now trying to defend?
Now, Steger is quoted in USA Today, as having said: “If an offer [to join the
ACC] came today, we would not accept it.”
Yeah, right. He’d break his ankles trying to get to Greensboro as fast as his
legs would carry him.
Casteen needs to speak
Now, there’s poor UVa president John T. Casteen III. Everyone from Cape Cod to
South Beach is trying to figure out whether Casteen is holding to his “no”
vote because of principle or because he’s a mere puppet of state politics. The
latter theory is the popular one in ACC circles.
Casteen owes Virginia supporters some explanation as to why he is holding out
his vote on the condition that Virginia Tech be included in the mix, when
Virginia Tech’s president said they would decline an invitation if it came.
Otherwise, the theory that he is being manipulated by the governor and other
politicians holds water. They want Casteen to block expansion, plain and
simple, because they don’t want the Big East to come apart at the seams.
Warner has stated that if Miami, BC and Syracuse exit the Big East that
Virginia Tech will lose tens of millions of dollars, that Tech would lose
valuable research projects and international partnerships because is no longer
would be as prominent.
Please.
Would someone please provide hard evidence of this statement? We’ve heard that
for weeks now but no one has produced an ounce of proof this would happen.
The Big East can still remain intact. No, it won’t have Miami, but the Big
East can now expand for the fifth time in 11 years as it did in 1994 when it
raided the Atlantic 10 for three teams.
And talk about “collegiality,” to borrow a phrase from the five jilted Big
East schools and its silly lawsuit. Where was the collegiality when the Big
East unceremoniously elected to discard poor Temple, leaving the school
without a conference?
There are lots more reasons than money behind the ACC’s desire to expand and
secure its position in college athletics for the future. Finally, it has been
exposed that Florida State hinted a few years ago that if the ACC didn’t
expand and do something about its football image, that it might have no other
recourse than to join the SEC or ... gulp, the Big East.
Do you think the Big East would turn down the Seminoles? Who knows what the
ACC’s three southern partners might be forced to do if the SEC came knocking
at their doors. Georgia Tech, Clemson and Florida State all reside in states
where there is a huge SEC presence and in states where football — not
basketball (are you listening Duke and UNC?) — are king.
One published scenario already has the Big 12 dumping Baylor, taking Arkansas
from the SEC, leaving a hole for Florida State.
What the ACC should do is laugh in the face of the lawsuit and the silly
suggestion that all the presidents from both conferences should sit down
face-to-face and hash things out, then show some solidarity and vote 9-0 to
expand, give out the invitations, bring the Hurricanes, the Golden Eagles and
the Orangemen aboard and live happily ever after.
Other Tech squads count on success of football
A breakup of Big East football could alter the Hokies' financial outlook for all sports.
By MARK BERMAN
THE ROANOKE TIMES
For Virginia Tech, the ACC threat to Big East football has ramifications beyond the gridiron.
Football is the big money-maker at Tech, reaping millions in revenue thanks in part to its Big East ties. That money not only helps improve the football program but also trickles down to help fund other teams and capital projects.
"Football turns the wheel for all of us," Tech golf coach Jay Hardwick said.
Football brought in $14.9 million in the 2001-02 school year, including $4.6 million in Big East money. Football provided the largest chunk of the $26.9 million in athletic revenue, enabling the athletic department to finish in the black. Football brought in even more money the previous two school years.
That income is a big reason Tech doesn't want Miami, Boston College and Syracuse to harm the Big East by changing leagues.
"We have 21 intercollegiate sports. We have been successful in earning revenues in football which help us to finance the other sports," Tech President Charles Steger said.
'The good and the bad'
In 1990-91, the last school year before Big East football debuted, the athletic department generated $8.3 million in revenue, including $3.3 million from football. Bowl bids and TV games were hard to come by when Tech was a football independent.
"Football, that's our money sport," said Chuck Hartman, who has been the baseball coach since 1979. "Our football program's successful; that means more money's available and budgets aren't pinched and you're able to do a few more things.
"Football's doing bad, we start pinching pennies. I've been through that, too. I've been through the good and the bad. ... We had less money to recruit. Meal money wasn't as much for the young men. Equipment in general wasn't up to par. Football has made a big difference in our program."
Being in the Big East has certainly enhanced the football team's cash flow. In the 2001 season, Tech reaped the standard $2 million payment that each of the eight football schools received from the league, $1.4 million from being the Big East's representative in the Gator Bowl, and $1.2 million from playing in televised games made possible by the Big East's football TV contract.
Tech's Big East football money varies each year based on how good a bowl the Hokies make. The league's Bowl Championship Series berth enabled Tech to reap $4 million from playing in the Sugar Bowl in January 2000, part of the $7.2 million in Big East money Tech pocketed during Michael Vick's big season. The league could lose its BCS berth if Miami leaves for the ACC, though, and the value of its TV contract would no doubt plummet.
Women's basketball coach Bonnie Henrickson, who was a Tech assistant in the late 1980s, remembers the pre-Big East days. There were places the staff couldn't recruit because of the cost of traveling there. She also remembers when all the road trips were by bus, causing a "considerable amount of missed class time."
When athletic director Jim Weaver committed last year to spending more money on Henrickson's program, he said he was depending on football revenue for it because Tech doesn't get to dip into the Big East basketball revenue-sharing pot until the 2005-06 season. Weaver agreed to spend a total of $78,000 more each year to increase Henrickson's recruiting budget and operational expenses, her assistant coaches' pay and her travel budget. The money enabled the women's team to take two charter flights last season.
Tech will soon be spending even more on basketball travel. Beginning next season, Tech will put aside $200,000 to be shared by the men's and women's basketball programs for charter flights.
"Chartering, I think that's critical, especially in men's and women's basketball," Henrickson said. "There's another opponent beside who you're playing - it's fatigue. You're practicing at 6 in the morning because you're having to travel [without charters], or ... you're getting into a hotel at 10 or 11 o'clock at night.
"I respect and appreciate as much as anybody in the country in women's basketball how much football helps us. The more successful they can be and the more people we can put in the stands, the more bowl games they have - I am all for whatever they need to make their program better. I understand the economy of athletics, that it will help us. We have opportunities to do things at a better level financially because of football."
Tech has also been spending more to beef up its men's soccer program, thanks to the increased ticket revenue that came from Lane Stadium's south end-zone expansion.
No wonder Hardwick said the biggest fans at Tech football games are the coaches of the school's other teams. The national exposure coach Frank Beamer's football team gives the school helps all the coaches when they recruit, and the money it generates fuels their programs.
"When Frank's team does well, everybody benefits," said Hardwick, who has been the golf coach for 20 years. "Football makes all the money, but it doesn't get all the money. The athletic director makes sure everyone gets a piece of the pie. It gives everyone the chance to do something extra with the travel budget, the recruiting budget - build your program."
The football money also takes pressure off other teams. When Weaver fired men's basketball coach Bobby Hussey in 1999, he said dwindling men's basketball attendance was a factor. That was before Tech began selling out its football games, though. Weaver said this year that football sellouts are why he is no longer as concerned with the men's basketball program's low attendance and red ink.
Every home football game in 1999, 2000 and 2001 was a sellout.
Building boom
Money for athletic capital projects comes not only from Hokie Club donations but also from athletic department surpluses caused by excess football revenue.
In recent years, Tech used $1.2 million of surplus money to help pay for additional seats in Lane Stadium's north end zone, $1 million to help pay for the stadium's new field, and $107,000 to help pay for the new football practice field.
Others also benefit from the surplus. Tech used $355,000 to help foot the bill for the new soccer and lacrosse field.
Tech students and parents should also be grateful to football. Steger said having plenty of football revenue keeps Tech from needing to raise the student athletic fee of $232 per student, which hasn't gone up in five years. Student athletic fees totaling $5.8 million were the second-biggest source of Tech athletic income last year. The University of Virginia is raising its $278 athletic fee by $50 next year.
Steger said the financial self-reliance of the athletic department benefits Tech at a time of belt-tightening for the academic side of the university.
"During the last budget reduction cycle, the athletic department has made and will make for several years significant contributions in helping us deal with the budget reduction and keep our dollars into the classroom," Steger said.
No one wants the penny-pinching days to return.
"It's been pretty nice lately," Hartman said. "We've been well-taken care of. I'm sure soccer and volleyball and everyone else's budgets have gone up just as ours have. You're able to operate a little bit better, to say the least."
Kilgore adds name to lawsuit
Virginia Attorney General Jerry Kilgore's decision puts him squarely on the side
of Virginia Tech in the legal battle.
FROM WIRE AND STAFF REPORTS
Attorney General Jerry Kilgore has added his name to the lawsuit filed last week
by Virginia Tech and four other Big East schools.
In a move that could increase the political pressure on ACC member Virginia,
Kilgore signed on to motions filed by the plaintiffs Thursday in Connecticut
Superior Court in Hartford.
Virginia Tech and four other schools filed suit against the ACC, Miami and
Boston College last week, seeking damages and an injunction to stop the two
schools from leaving the Big East. The third ACC target, Syracuse, was not sued.
The plaintiffs' main lawyers are a New York firm and Connecticut Attorney
General Richard Blumenthal. Kilgore decided to add his name as "of counsel," the
same secondary status that the West Virginia attorney general and the colleges'
respective legal counsels have.
Kilgore's decision puts him squarely on the side of Tech in the legal battle.
"The attorney general remains fully supportive of Virginia Tech's rights to
protect its own interest," said Kilgore's spokesman, Tim Murtaugh.
Gov. Mark Warner had already been involved in the debate, lobbying last month to
make Tech one of the ACC additions and calling this week for mediation between
the leagues.
ACC presidents held conference calls Tuesday and Wednesday, but no vote was
taken to invite the three schools. Seven votes are needed. ACC Commissioner John
Swofford reportedly needs to win over UVa, Duke or North Carolina to get the
seventh vote.
In Thursday's legal action, Blumenthal filed an application for expedited
discovery. Blumenthal wants to get his hands on pertinent documents within two
weeks and to begin deposing people in early July.
"Time clearly is of the essence. It is the plaintiffs' understanding and
expectation that within hours or days, defendants will announce that Miami,
Boston College and Syracuse will attempt to defect from the Big East," the
application states.
Blumenthal wants any communications among the ACC, Miami, BC and Syracuse dating
back to 1997 related to expansion and, among other things, how it would affect
the Bowl Championship Series and how it would affect ACC and Big East schools
financially. He also wants any communications they had with TV networks about
realignment.
Blumenthal is requesting he be allowed to depose 13 people, including Swofford;
the athletic directors and presidents of Miami, Syracuse, BC and Florida State;
Georgia Tech AD Dave Braine; and TV executive-turned-consultant Neal Pilson.
In another development, Florida Gov. Jeb Bush backed Miami's bid to leave the
Big East and criticized the lawsuit.
"We have too many lawsuits in our society," Bush said. "I think a university
should be able to associate with any set of universities they want."
Motion seeks to accelerate suit
Momentum turning against ACC expansion
By Dave Johnson
Daily Press
Published June 13, 2003
A motion filed Thursday afternoon in a Hartford, Conn., Superior Court seeks to
accelerate the litigation process of a lawsuit filed last week by five Big East
Conference schools and begin depositions on July 1 with Miami president Donna
Shalala.
"Time is clearly of the essence," the motion reads. "It is the plaintiffs'
understanding and expectation that within hours or days, (the) defendants will
announce that Miami, Boston College and Syracuse will attempt to defect from the
Big East and join the ACC. (Accelerated) discovery therefore is crucial for
preparation of the extremely time-sensitive motion for injunctive relief that
will likely be necessitated by (the) defendants' expected announcement."
The ACC's nine presidents have had two discussions via conference call this
week, ending each without taking a vote on expansion. There is strong indication
that commissioner John Swofford presently does not have the seven votes needed
to expand with Duke, North Carolina and Virginia in the "no" camp. Swofford,
however, remains optimistic he can sway either Duke or UNC.
Virginia president John Casteen finds himself in a ticklish situation. On May
13, he was one of seven presidents who voted in favor of expanding - a vote,
sources say, that was cast with the clear understanding that Virginia Tech would
not be in the mix. Duke and North Carolina voted no, and had Casteen joined
them, expansion of any kind would have been defeated.
Three days later, granted political cover by Duke and UNC, Casteen was the only
president to vote against pursuing Miami, Boston College and Syracuse. The
reason was clear: Under pressure from Gov. Mark Warner and various state
politicians, Casteen felt compelled to support Virginia Tech.
Until recently, that didn't seem to be a concern for the pro-expansion camp. But
in the past week, Duke president Nan Keohane and North Carolina chancellor James
Moeser have expressed reservations. At the moment, there appear to be only six
solid yes votes.
Sen. Marty Williams of Newport News said Casteen is feeling heat from both
Virginia Tech and Virginia alums within the state legislature.
"I think people are letting him know this is very important to the whole
commonwealth," Williams said. "I think there's a lot of pressure on him."
Though expansion talk is far from dead, those opposed to the idea sense momentum
in their favor. On Tuesday, the Duke University faculty released a statement
calling for the ACC to wait up to a year before taking a vote.
"We urge the presidents/chancellors of all ACC universities to postpone the
final expansion decision until each university's faculty has been consulted
according to their own faculty governance procedures, and their concerns have
been adequately addressed," the statement read.
Thursday's motion was filed by attorney generals Richard Blumenthal of
Connecticut and Darrell McGraw of West Virginia along with Jerry Cain and Kay
Heidbreder, independent counsel appointed by Virginia attorney general Jerry
Kilgore. Kilgore's name also appears on the motion.
According to Kilgore spokesman Tim Murtaugh, the attorney general "is in full
support of what Virginia Tech is doing."
Shalala is the first of 14 names listed for deposition. Others included
presidents William Leahy of Boston College, Kenneth Shaw of Syracuse and T.K.
Wetherell of Florida State along with five athletic directors: Paul Dee of
Miami, Gene DeFilippo of BC, Dave Hart of Florida State, Dave Braine of Georgia
Tech and Jake Crouthamel of Syracuse. Also on the list is Swofford.
Connecticut, Pittsburgh, Rutgers, Virginia Tech and West Virginia filed suit
Friday against the ACC as well as current Big East members Miami and Boston
College, who are being pursued for expansion. The defendants are accused of
conspiring to destroy the Big East, costing the plaintiffs "hundreds of millions
of dollars."
Florida Gov. Bush supports expansion
BY AL FEATHERSTON : The Herald-Sun
afeatherston@heraldsun.com
Jun 13, 2003 : 12:56 am ET
Florida Gov. Jeb Bush said Thursday he backs Miami’s bid to join the ACC and
agrees with Florida’s attorney general that states should not go to court to
block the league’s expansion effort.
But even as he spoke, Connecticut state attorney general Richard Blumenthal was
in a Stamford, Conn., courtroom to file a motion for expedited discovery in the
lawsuit brought by the University of Connecticut and four other Big East schools
against the University of Miami, Boston College and the ACC.
"We have too many lawsuits in our society," Bush said. "I think a university
should be able to associate with any set of universities they want.
"If [Miami President Donna] Shalala needs the support of the governor of her
home state to support her decisions, I would wholeheartedly do it."
Florida attorney general Charlie Crist, who attended ACC schools Wake Forest and
Florida State, believes expansion would be good for the league.
"We ought to leave it up to the league, and hopefully they can come up with a
resolution for what’s appropriate to the University of Miami and Syracuse and
Boston College," Crist said. "It would be good for athletics. It’d be good for
FSU. It’d be a great thing."
The ACC’s nine presidents conducted conference calls Tuesday and Wednesday to
discuss expansion. Neither meeting produced a final vote on expansion. ACC
commissioner John Swofford said no vote will be taken on expansion until at
least early next week.
Blumenthal told the court that the ACC’s timetable was behind his motion.
"Our legal cause remains clearly urgent and immediate," he said in a statement
released by his office. "Time is of the essence. The ACC’s vote could happen any
day now — prompting defection by Miami, BC and Syracuse, destroying the Big East
and threatening irreparable injury to the remaining Big East schools."
Blumenthal’s statement said that his office has pursued voluntary cooperation.
"In two separate letters, we gave the defendants a chance to voluntarily
cooperate with our discovery request," he said. "They have provided no
acceptable response. Our hope was that we could avoid court motions through
voluntary cooperation, but the urgency of action and the defiance and
intransigence of the defendants compels us to seek expedited discovery."
If granted, his motion would compel the defendants to produce documents and give
depositions much sooner than normally would occur during the course of a
lawsuit. The motion asks for the production of a variety of documents regarding:
-- The ACC’s consideration of expanding, or plans to expand, its conference
membership to other schools.
-- Plans by the defecting schools to leave the Big East.
-- Efforts by any of the defecting schools, the ACC and/or any ACC member school
to persuade or induce other Big East schools to depart the Big East.
-- Any direct or indirect communications between or among the ACC, any of its
member schools, the defecting schools, or any television or broadcast network
regarding any potential impact of any conference realignment on the ACC and/or
the Big East.
One more more name was added to the lawsuit Thursday, when Virginia attorney
general Jerry Kilgore signed on in an effort to protect Virginia Tech.
"The attorney general remains fully supportive of Virginia Tech’s rights to
protect its own interest," said Kilgore’s spokesman, Tim Murtaugh. "Virginia
Tech really needs to be affiliated with a viable athletic conference."
In other expansion news, Florida State athletics director Dave Hart issued a
strong denial of a report in the Charlotte Observer that FSU threatened to leave
the ACC if the league refused to pursue expansion.
"The story in the Charlotte Observer inaccurately suggests that in late 2001,
FSU President Sandy D’Alemberte challenged ACC Commissioner John Swofford about
the risk of losing FSU should the ACC not expand," Hart said in his statement.
"That is not accurate. At approximately the time line suggested in the Observer
story, I expressed to the commissioner the fact that I was very concerned about
the possibility of the ACC being left behind if serious expansion discussions
were not held.
"Our president was never involved in that discussion, and I certainly would not
characterize my statement as a threat, nor do I believe it was taken as a threat
by the ACC."
Swofford, speaking to WCHL radio Thursday afternoon also denied the reported
threat from D’Alemberte.
"He, in fact, never said that to me and, to my knowledge, never indicated that
to anyone," Swofford said. "I think he was offended that that was attributed to
him. Certainly he never said it to me."
ACC Commissioner John Swofford is trying to resuscitate his dying dream, an expansion to 12 schools, even as that dream is attacked by a $750-an-hour Manhattan attorney whom NBA Commissioner David Stern has called "one of the most experienced and accomplished sports lawyers in the country."
The five Big East schools that sued the ACC, Miami and Boston College last week put their case in the hands of former NBA legal counsel Jeffrey Mishkin. The Big East schools are believed to have received a reduced rate from Mishkin's normal hourly range.
Big East associate commissioner John Paquette said the decision to sue was made by the schools, not Commissioner Mike Tranghese, and a source close to the plaintiffs said Mishkin's legal fees will be paid by those schools. Tranghese declined comment Thursday.
"We have retained the best lawyer we could find," said Pittsburgh Chancellor Mark Nordenberg, "and we do collectively believe this is a lawsuit with merit."
The suit's legal merit could become irrelevant. As the days pass without expansion, the likelihood diminishes that the lawsuit will need to reach court.
After five hours of conference calls Tuesday and Wednesday without ACC chancellors voting to invite Miami, Boston College and Syracuse, Swofford's task is turning one "no" into a "yes." North Carolina, Duke and Virginia are in opposition, a 6-3 split that must become 7-2 for expansion to continue.
Three key questions:
• Can Swofford find another "yes" vote?
• If not, when will he give up?
• In the meantime, what else does Mishkin have planned?
Thursday, it was this gem: adding Virginia attorney general Jerry Kilgore to the plaintiff's side. The addition of Kilgore, who joins the five Big East schools plus attorneys general from Connecticut and West Virginia, tightens the political pressure on Virginia Chancellor John Casteen to remain an expansion holdout.
Also Thursday, the Duke faculty supported Chancellor Nan Keohane's "no" stance and called on the ACC to wait up to a year for "a thorough and useful evaluation" of expansion before even considering taking its next vote. Among the faculty's concerns: Expansion could contribute to the erosion of admission standards for student-athletes.
Mishkin said his side's goal is victory -- period.
"The universities I represent would like nothing more than to keep the Big East intact," he said. "If we have to go to court to do that, we will. If not, that would be fine, too."
Swofford has another goal, and to reach it he figures to be in contact with multiple ACC chancellors over the next several days. ACC assistant commissioner Brian Morrison said another conference call isn't scheduled until early next week, but added Clemson's James Barker, chairman of the ACC Council of Presidents, "could call for a vote at any time."
"It's the presidents' decision," Morrison said. "They're directing this thing."
Mishkin is trying to throw ACC expansion off course. Before going into private practice, he worked for the NBA for 28 years, joining Stern and deputy commissioner Russ Granik as its legal team for the 1998-99 lockout.
Mishkin's strategy has been to make as much legal and pro-Big East noise as possible. In the past week, chancellors from the five Big East plaintiffs have had a conference call with national media, issued two statements and released their letter to ACC chancellors seeking a face-to-face meeting.
Mishkin's team also has issued media briefings to describe routine legal filings such as a motion for accelerated discovery.
The ACC has watched Mishkin's moves with a raised eyebrow.
"Having press releases to announce ordinary things is baffling," said ACC attorney Erik Albright of the firm Smith Moore in Greensboro. "We'll try this case in court."
If it gets that far.
MIAMI - The University of Miami's planned change of athletic conferences has somehow turned into a John Grisham novel.
Armies of combatants in business suits - U.S. senators, a governor, a state attorney general, college presidents, conference chieftains and, of course, lawyers - are posturing and accusing and litigating in a desperate dance both silly and sad.
There are subplots and twists and intrigue and a volley of sinister, lawyerly words such as ``abscond.'' All that is missing is a mysterious ransom note revealing the apparent kidnapping of UM athletic director Paul Dee.
The absurdity will resolve itself, of course, but hopefully prior to the involvement of Court TV or an admonishing Judge Judy.
Soon enough the Atlantic Coast Conference will discover its collective sense and officially vote to expand from nine to 12 schools by adding the prized UM franchise along with tag-alongs Syracuse and Boston College.
The ACC's balking members, North Carolina and Duke, will fall in line after just enough high-minded public prudence to convince everyone this isn't only about money, even though everyone knows it pretty much is.
Soon enough, too, the five suing schools from the jilted, reeling Big East Conference - The Low Five, Sore Losers Inc. - will see their hopeless nuisance suit either dismissed or disintegrate from the weight of its own outlandishness after the obligatory ka-ching of attorneys' billable hours.
Meanwhile, the thing plays out ugly as the latest example of how major sports and big business have become one in the same.
And as the latest example of a less-than-proud time for college sports.
While the ACC-Big East war chugs on, Washington's Rick Neuheisel has joined previously shamed Larry Eustachy of Iowa State, Jim Harrick of Georgia and Mike Price of Alabama in what should become a new niche-market video, Coaches Gone Wild!
Neuheisel will be fired because he gambled (along with only about 93 million other people) in a March Madness basketball pool.
It's all timing, alas. Poor Rick chanced to get found out in the midst of the gambling trial of former Florida State quarterback Adrian McPherson.
Looking for a bright side on the NCAA's behalf, at least the commencing College World Series - through the saving grace of metal bats - will avoid a corking scandal.
The ACC-Big East tug over UM is one more reason to be cynical about college sports, but make no mistake, the Hurricanes have the right to leave.
That's where all of this will end up.
UM president Donna Shalala and sports boss Dee have the right and obligation to do what makes athletic and financial sense for the school. And the Big East's own bylaws permit Miami's switch as long as an ``exit fee'' is paid.
The Canes break no moral or literal law by leaving the Big East.
You can argue whether the move is smart. Argue which conference is better. You can even sing a teary Auld Lang Syne to the idea of whatever-happened-to-loyalty, if it makes you feel better.
But do not argue Miami has no right to make this decision on its own behalf.
This is business.
This is, perhaps ironically, not a game.
The ACC stands to be the winner here because the conference had more foresight than the Big East. One league saw the trend toward 12-team conferences as urgent and essential, while the other league lacked vision and stood by, snoring.
What's sad is that UM - still not completely over its national villain's image from controversial football days past - will be cast in a new sour light here, painted by many as a traitorous, money-hungry school, and vilified within what's left of the Big East.
You want somebody to blame, though? Blame Big East leadership, not the departing schools.
Virginia Gov. Mark Warner asked NCAA president Myles Brand to intervene on the Big East's behalf, but Brand properly said he has no authority. Nine senators from the home states of Big East schools have decried the defection of UM, et al, to no avail.
Now there is the suit by five of the Big East schools left behind: Pittsburgh, Connecticut, Virginia Tech, West Virginia and Rutgers. They seek millions in damages, not to mention an injunction preventing the move.
This is the same Virginia Tech that lobbied hard to grab on to UM's coattails and also join the ACC, by the way!
Connecticut attorney general Richard Blumenthal filed the suit, which alleges that UM and the others wanting to switch conferences have struck a ``backroom conspiracy born in secret, founded on greed and carried out through calculated fraud and deceit.''
The suit also alleges that Miami professed loyalty while secretly devising ``a deliberate scheme to destroy the Big East and abscond with the collective value of all that has been invested.''
Please! The suit will quietly go away, as bad suits often do, and the ACC will in time officially ratify its lust for Miami, and college sports will lurch imperfectly on.
It would make a rather anticlimactic ending to a Grisham novel, but this story has been too, too real.
MIAMI - Worried an invitation to join the Atlantic Coast Conference might not come, University of Miami president Donna Shalala has been working the phones lobbying for support, a source with knowledge of the discussions said Thursday.
The ACC is believed to have six of the seven votes necessary to approve the addition of Miami, Boston College and Syracuse. That means one of the universities resistant to expansion - either North Carolina, Duke or Virginia - must be persuaded to vote yes.
UM has lost its bargaining positioning to dictate terms of joining the ACC. At this point, UM officials would be happy simply with an invitation, especially before the Big East exit fee rises from $1 million to $2 million July 1, the source said.
The chances of Virginia president John T. Casteen III voting for expansion might have taken a hit Thursday when the state's attorney general, Jerry Kilgore, announced he is becoming a plaintiff in the lawsuit filed last Friday by five Big East football schools against the ACC, Miami and Boston College.
Kilgore and Virginia Gov. Mark Warner are concerned ACC expansion will hurt Virginia Tech by leaving the Hokies in a depleted Big East. As a result, Casteen has received political pressure to oppose expansion. The attorneys general for West Virginia (Darrell McGraw) and Connecticut (Richard Blumenthal) previously were named as plaintiffs in the lawsuit.
Shalala and UM athletic director Paul Dee are surprised by the ACC's difficulty in getting seven votes and are ``nervous'' about the outcome, a source said.
Dee expressed pessimism to one UM official, but other UM executives still believe ACC expansion might occur. A vote would not happen until next week at the earliest.
According to one source, Shalala and Dee are not angry at ACC commissioner John Swofford because they believe he genuinely thought he had the seven votes necessary to expand. Swofford is frustrated with the opposition but is lobbying the dissenting schools to change their mind, the source said.
``We have a lot of issues we have to address,'' North Carolina State chancellor Marye Anne Fox told The Raleigh News & Observer. ``I think we're making progress.''
North Carolina and Duke have cited myriad reasons for opposing expansion, including disagreements over division alignment, travel costs, demands on student-athletes, and faculty opposition. Presidents of both schools are also upset about how the ACC is being portrayed publicly. The executive committee of Duke's academic council urged the ACC to postpone a final decision until each university's faculty has been consulted and its concerns addressed.
Meanwhile, the plaintiffs on Thursday asked The Hartford (Conn.) Superior Court for expedited discovery, including the right to depose 14 officials, including three from Miami (Shalala, Dee and former UM president Edward Foote) and three from Florida State (president T.K. Wetherell, athletic director Dave Hart and trustee William Andrew Haggard).
Chuck Kline, the attorney for UM, said he will file an objection to that motion. ``There's no need to make people drop what they're doing at the drop of a hat,'' Kline said in a telephone interview.
In other developments Thursday:
(ASTERISK) ESPN.com reported Louisville will be invited to join the Big East if Miami, Syracuse and Boston College leave.
(ASTERISK) Florida Gov. Jeb Bush told The Associated Press he supports Miami's decision to leave the Big East. ``We have too many lawsuits in our society,'' he said. ``I think the university should be able to associate with any set of universities they want. If President Shalala needs the support of the governor of her home state to support her decisions, I would wholeheartedly do it.''
Moeser, Fox to brief groups
Chancellors at UNC, N.C. State will meet with faculty today to discuss ACC
expansion as Big East litigation efforts grow
By BARRY SVRLUGA, Staff Writer
North Carolina chancellor James Moeser and N.C. State chancellor Marye Anne Fox
will brief faculty groups on their respective campuses today on potential
expansion of the ACC.
Moeser called a meeting for this morning with Carolina's Faculty Athletic
Council and the executive committee of the Faculty Senate.
Fox called a meeting with her corresponding groups for this afternoon.
Among the possible topics for the meetings could be the legal proceedings
against the conference, which moved forward Thursday when lawyers for five Big
East schools sought depositions from many key players involved in the expansion
plans.
A vote by the ACC's Council of Presidents on whether to officially invite Miami,
Boston College and Syracuse to join could come as early as Monday or Tuesday,
though those involved continued to insist Thursday that there is no definite
timetable.
Seven of the nine school leaders must vote yes to approve expansion.
Duke, North Carolina and Virginia are the three schools balking at expansion,
with UNC taking the hardest line against the move. Moeser's stance -- outlined
in e-mails to his colleagues at the other schools -- pleases at least some of
the faculty he will address today.
"I think that he has put his finger on a couple of very important issues that
need to be discussed before expansion goes forward -- if at all," said Lissa
Broome, a law professor at UNC. "The most significant issue to me is the impact
that any expansion would have on the academic experience of our
student-athletes, and that seems to be the chancellor's concern. We don't really
know what the details would be, and until we understand the details, we can't
decide."
Meanwhile, lawyers representing the five remaining football-playing schools from
the Big East -- Connecticut, Pittsburgh, Rutgers, Virginia Tech and West
Virginia -- officially filed an application for "expedited discovery" in their
suit against the ACC, Miami and Boston College. The application would require
the ACC, its schools, Miami and BC to quickly supply depositions and documents
pertaining to expansion plans.
The Big East wants depositions taken July 1-9 from ACC commissioner John
Swofford, Miami president Donna Shalala, Miami athletics director Paul Dee,
Miami chancellor and former president Edward Foote, BC president William Leahy
and BC athletics director Gene DeFillipo.
The application, filed in Superior Court in Hartford, Conn., said, "Time clearly
is of the essence." The Big East schools not involved in expansion have the
"understanding and expectation that within hours or days, [the ACC] will
announce that Miami, Boston College and Syracuse will attempt to defect from the
Big East and join the ACC," the application said.
The Big East suit, filed last Friday in Superior Court in Hartford, seeks
millions of dollars and an injunction to prevent the schools from leaving the
conference.
ACC officials would not comment on the suit or on the application to move
quickly. The Big East schools say the ACC and its schools have largely ignored
the suit.
"In two separate letters, we gave the defendants a chance to voluntarily
cooperate with our discovery request," Connecticut attorney general Richard
Blumenthal said in a statement. "They have provided no acceptable response."
On Thursday, Virginia's attorney general, Jerry Kilgore, added his name to the
Big East's lawsuit. The move increased the already significant political
pressure on UVa president John T. Casteen III, whose vote could be the
difference between whether or not expansion moves forward.
Virginia Gov. Mark Warner has pleaded with Casteen to vote against expansion
unless it included rival Virginia Tech, the other major public institution in
the state.
Casteen did not return phone calls seeking comment Thursday. While Moeser and
Duke president Nan Keohane have each sent e-mails to their colleagues outlining
their concerns about expansion, Casteen has remained silent.
"I think everybody agrees he's got a very difficult decision," said Mitch Van
Yahres, Charlottesville's representative in Virginia's House of Delegates. "He's
caught between a rock and a hard place. It's a no-win situation, and I think
people sympathize with him."
In Florida, Gov. Jeb Bush told The Associated Press on Thursday that he backs
Miami's potential move to the ACC.
"I think a university should be able to associate with any set of universities
they want," Bush said.
Florida Attorney General Charlie Crist echoed Bush's sentiments.
"We ought to leave it up to the league and hopefully they can come up with a
resolution for what's appropriate to the University of Miami, and Syracuse and
Boston College," Crist told the AP. "It would be good for athletics. It'd be
good for [Florida State]. It'd be a great thing."
With a vote on the matter at least several days away, some faculty members at
Triangle schools think there might yet be the opportunity to get more
information in order to fully understand expansion's potential impact.
"There have been a number of twists and turns this week," said Dr. Nancy Allen,
who chairs the Academic Council at Duke, where faculty has opposed expansion.
"It's hard to know what will happen. I'm hopeful the process can be slowed so
that [a deeper discussion] could take place."
ACC athletics directors could meet by conference call again before university presidents and chancellors meet next week to discuss expansion, two conference sources said yesterday.
Another athletics directors' meeting would not be unusual, the sources said, given the detail involved in expansion and the concerns that some ACC schools have about adding Miami, Syracuse and Boston College from the Big East Conference.
'There's a lot of details that need to be worked through,' one ACC source said. 'There are a lot of questions to answer before the presidents vote. When you need seven of nine votes, every vote is critical.'
The athletics directors could meet today or over the weekend. Commissioner John Swofford said Wednesday that the presidents and chancellors will meet by conference call early next week, possibly Monday, for the third time. A vote on extending invitations to the Big East schools is not scheduled.
The vote to invite Miami, Syracuse and Boston College to join the ACC could happen next week if the presidents and chancellors are prepared.
The Big East's lawsuit against the ACC, Miami and Boston College took another turn yesterday when Richard Blumenthal, Connecticut's attorney general, filed a motion seeking documents and depositions from officials with the ACC and the two schools faster than normal. Jerry Kilgore, Virginia's attorney general, added his name to the lawsuit.
Also, Swofford and Florida State officials strongly denied a report published yesterday in The Charlotte Observer that said that FSU tried to force the ACC into expanding by threatening to leave if Miami was not added to improve football.
And Gov. Jeb Bush of Florida backed Miami in its bid to join the ACC, saying that he will support school President Donna Shalala if she decides that Miami should leave the Big East.
'We have too many lawsuits in our society,' Bush said. 'I think a university should be able to associate with any set of universities they want.'
Blumenthal filed the motion to seek a schedule of depositions of ACC officials and Miami and Boston College officials. He is asking for depositions from: Shalala on July 1 -- Athletics Director Paul Dee of Miami on July 2 -- Chancellor Edward Foote II of Miami on July 3 -- Swofford on July 7 -- President William Leahy of Boston College on July 8 -- and AD Gene DeFilippo of Boston College on July 9.
'Our legal cause remains clearly urgent and immediate,' Blumenthal said in a prepared statement released by his Hartford office. 'Time is of the essence. The ACC's vote could happen any day now, prompting defection by Miami, BC and Syracuse, destroying the Big East and threatening irreparable injury to the remaining Big East schools.'
Blumenthal said that two letters sent to the ACC, Miami and Boston College asking for cooperation received no response and prompted the motion. The ACC and Smith Moore LLP, a Greensboro law firm that is the ACC's legal counsel, did not comment on the motion.
The motion seeks documents regarding the ACC's plans to expand, the plans by Miami, Syracuse and Boston College to leave the Big East, and studies on the financial impact on both conferences of the Big East schools joining the ACC. Documents pertaining to other matters were also requested.
The Charlotte Observer's report said that Sandy D'Alemberte, FSU's former president, told Swofford in late 2001 that unless the ACC brought in Miami to upgrade football that FSU would leave for another conference.
Dave Hart, FSU's athletics director, said no such threat was ever made.
'The story in The Charlotte Observer inaccurately suggests that in late 2001, FSU President Sandy D'Alemberte challenged ACC Commissioner John Swofford about the risk of losing FSU should the ACC not expand,' Hart said in a prepared statement released by FSU. 'That is not accurate.
'At approximately the time line suggested in the Observer story, I expressed to the commissioner the fact that I was very concerned about the possibility of the ACC being left behind if serious expansion discussions were not held. Our president was never involved in that discussion, and I certainly would not characterize my statement as a threat, nor do I believe it was taken as a threat by the ACC.'
Swofford told radio station WCHL in Chapel Hill that D'Alemberte never threatened to take FSU to another conference.
'He, in fact, never said that to me, and to my knowledge never indicated that to anyone,' Swofford said. 'I think he was offended that that was attributed to him. Certainly he never said it to me.'
Duke's faculty, concerned that expansion has not been studied adequately, called for a delay in the expansion vote. The faculty asked for an assessment period of 6-12 months before the vote is taken.
The faculty issued a statement in which it questioned the ACC's wisdom in seeking to expand to 12 schools, split into two six-school divisions and alter some traditional rivalries. The faculty has concerns about expansion that it wants resolved before a decision is reached.
'The Duke faculty is particularly concerned about the process that has led to the proposed expansion of the ACC, a process in which faculty input was severely limited due to constraints imposed by the business model employed by the ACC,' the statement read.
'We question whether a full array of legitimate educational concerns was considered and whether there is any compelling motivation for expansion. Having been denied access to much of the pertinent data and having had no opportunity to study the expansion issue, we cannot endorse the proposal to expand the ACC.'