tanqtonic
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RE: Why do the SB3 want to leave now?
(02-17-2022 10:10 AM)rileylives Wrote: (02-17-2022 09:41 AM)SICemDAWGS! Wrote: (02-17-2022 09:06 AM)rileylives Wrote: (02-17-2022 08:55 AM)SICemDAWGS! Wrote: (02-17-2022 01:30 AM)GreenFreakUAB Wrote: ...ultimately, I figure after they crunched the numbers, they found that getting the SBC - ESPN deal rolling early will offset any potential 'penalties' for early departure...
...with that, I am sure they have documented the 'past departures' by other teams, and may well have enough data to show that the average 'penalties' paid by those previous institutions were not all that much in the grand scheme (I've gleaned that from other messages, so... I'm sure it is infallible )
So, if CUSA now comes in and wants, say $5 mill apiece as 'penalties', it can be challenged with the past totals, and I reckon they could end up in court if no resolution is made...
It would be cool if someone had the totals for each CUSA-departed school's 'exit/penalty' fees over the conference's history... THAT average value might be the whole key to the SBC-3's confidence in early departure without major hardships financially...
What was paid by previously departed schools a decade plus ago should have no bearing on what is paid this go around. Once all of the CUSA 3.0 members became full members the remnant from CUSA 2.0 authored new bylaws for exiting to make it harder to leave early and to mirror language used by other conferences to make penalties higher. The 70% of the total exit fee penalty paid by UCONN, or the 300% of the total exit fee penalty paid by WVU are the more applicable comparisons. You can't point to the 2012-2014 exits as your comps because Marshall and USM along with the other scorned by the AAC departures threw those rules away and said let's see someone get out of this without it hurting.
Yes, USM and Marshall were screwed over with how light the fees were from some of the AAC schools that left earlier. That should have no bearing on what they pay to get out of this contract.
Do you have a link validating your claims? The only evidence we all have is the tweet that shared "no financial penalties" in language for violating the 14 month rule.
Also, this thread is here to share WHY we all want out.
I do not have a link, I do have the specific bylaws from the 2015-2016 update from a FOIA request to see the changes made. I do not have a copy of the previous bylaws, only secondhand discussion points on why the changes were made at that time.
"3.06 Withdrawal From Conference
No member of the Conference may withdraw from the Conference except pursuant to and as allowed by this Section 3.06. No member may withdraw from the Conference without providing the Conference prior written notice. Any and all withdrawals from the Conference shall be effective on July 1 of the year specified in the notice of withdrawal; provided, however, that the withdrawing member must afford the Conference notice at least fourteen months prior to the effective date of the withdrawal (i.e. no later than May 1 of the prior year). However, if a Member makes statements or takes actions that evidence intent of such Member to withdraw from the Conference either currently or in the future, such actions will be determined as notice of withdrawal by a three-fourths (3/4) vote of the remaining Members of the Board of Directors. In the event that a member attempts to leave the Conference without fully complying with the notice of withdrawal requirements set forth above, the Conference shall be entitled to equitable relief without having to prove actual injury, irreparable or otherwise, including, but not limited to, an injunction requiring the member to comply fully with the notice of withdrawal requirements set forth above, to fulfill all of its obligations as a Conference member, and to remain in the Conference until the earliest permissible date upon which the member could have, under the circumstances, withdrawn with full and proper prior notice as required above. The members agree that any attempted withdrawal of a member without full compliance with the prior notice requirements set forth above would cause a disruption in the scheduling of competitions among the members for which there is no adequate remedy at law which would cause harm that would not in any respect be compensated by payment of a withdrawal fee, and for which, therefore, equitable relief is appropriate.
The withdrawing member shall be responsible for the amount of any and all assessments or debts that the member owes to the Conference as of the effective date of the withdrawal. From the date of notice of withdrawal, the withdrawing member shall have no rights to receive distribution of Conference revenues of any nature (i.e. the Conference shall be entitled to retain distribution for two fiscal years) and shall continue to be obligated to pay Conference expenses, assessments, or debts. Further, the term of office of any Board Member representing a Withdrawing Member shall automatically expire and such Chief Executive Officer shall no longer be a Board Member of the Conference effective as of the notice date or determination of notice to withdraw and such Withdrawing Member shall not be entitled to have a representative on the Board of Directors thereafter. During the period thereafter the number of Board Members shall automatically be reduced by the number of Withdrawing Members; and the Withdrawing Member(s) shall not be permitted to attend any meeting of, vote on any matter before, receive notice of any meeting of, or receive copies of materials distributed to the Board of Directors; the Conference shall however, inform the Chief Executive Officer of a Withdrawing Member about matters (as determined by the Commissioner in his/her sole discretion) that may materially impact the Withdrawing Member during the period prior to the effective date of the withdrawal in a manner disproportionate to the Withdrawing Member and shall provide the Chief Executive Officer of the Withdrawing Member with a reasonable opportunity for discussion with the Board of Directors on such issues as requested Each of the Members agrees that withdrawal of a member from the Conference would cause damage and financial hardship to the Conference and its continuing members, that the financial consequences to the Conference and its continuing members of such withdrawal cannot be measured or estimated with certainty at this time, and that the withholding of distributions pursuant to the preceding paragraph is a reasonable method of compensating the Conference and the continuing members for such damage and financial hardship and is not and shall not be construed as a penalty.
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Also, understood on the thread topic, was merely responding to a point given in the thread and providing counterpoints on a topic being actively discussed in the thread.
I wonder if we can find the 2021 bylaws...that is out of date and not tangible really...
Any internet warriors out there who can find the current bylaws?
Many times bylaws do not get updated every year.
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