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Paxton to be deposed in Servergy-related lawsuit

This gets into some deep lore about the Paxton crime saga.

Best mugshot ever

Attorney General Ken Paxton will face lawyers for the men who accused him of securities fraud seven years ago in a one-hour deposition after the November elections.

The Dallas Morning News reported Thursday that Collin County District Court Judge Cynthia Wheless ordered Paxton to sit for the deposition on Nov. 28, three weeks after the culmination of Paxton’s reelection race. He is running against Democrat Rochelle Garza.

Paxton did not immediately respond to requests for comment through his government or campaign offices. Phil Hilder, the lawyer representing Paxton in his securities fraud case, declined comment.

[…]

The deposition is part of a lawsuit that is separate but related to the seven-year-old securities fraud indictment in which two men, Byron Cook and Joel Hochberg, accuse Paxton of encouraging them to invest in McKinney-based technology company Servergy Inc., without disclosing he would make a commission from those investments. Cook is a former state legislator who served in the Texas House with Paxton.

A year after Paxton was indicted on three felony charges alleging securities law violations, an associate of his, Charles “Chip” Loper III, sued Cook and Hochberg, accusing them of creating a scheme to profit off the investment funds of Unity Resources, a mineral assets company. Loper said the scheme hurt him and his father financially.

Cook and Hochberg’s lawyers said that lawsuit was retaliatory. Last year, they were able to add Paxton as a “responsible third party” to the case by arguing that he was also an investor and the company’s lawyer. As such, they said, Paxton should be held responsible for any alleged wrongdoing.

In a deposition in the Unity case, Cook and Hochberg’s lawyers can ask Paxton about his other securities fraud case.

Here’s the origin story of this part of the crime timeline. This branch eventually led to SEC charges that Paxton subsequently beat; you will note that the SEC took two cracks at him. The lawsuit that this story is based on is one of two that were later filed by Paxton buddies against Cook and Hochberg. The other was filed by Paxton’s pastor, a fellow named Mike Buster. I had completely forgotten about all of that – those two lawsuits were filed in 2017, which is to say approximately 372 years ago – and as far as I can tell from my archives this is the first update I’ve seen since then. I have no idea what to expect, and I’m a little confused by the reference to Paxton’s “other securities case” in the story. I suppose it means the federal case that got dismissed, but who knows. We’ll find out a bit after Thanksgiving, I hope.

UT and OU swear they’re still in the Big XII until 2025

Maybe they even believe that, though I remain doubtful.

Almost a year later, UT’s and OU’s bombshell decision to leave the Big 12 for the Southeastern Conference is still being felt in the latest round of conference realignment.

After an hourlong panel discussion at the Texas High School Coaches Association Convention, [UT Athletic Director Chris] Del Conte and [OU Athletic Director Joe] Castiglione offered no hints on a timeline to exit the Big 12, except to say both schools are committed to remaining in the league until 2025.

“We realize we’ve made a decision and we’re focused on being a great member through the time we said we would,” Castiglione said. “There’s a lot of changing around us. If that facilitates a conversation that needs to take place about an earlier departure, then it does.

“But I said very consistently that, and I know my counterpart Chris Del Conte has said the same thing, as has our presidents, that we informed the Big 12 that we would leave after ’25, but we plan on fulfilling our obligations … And if they want to talk to us about something different then we’ll certainly listen.”

Del Conte offered a similar sentiment.

“We’re going to honor our commitments,” he said. “So, where we’re at, I think those things are all premature. I mean, we’re 45 days out from the start of the season. We’re really focused on the football season this year.”

Incoming Big 12 commissioner Brett Yormark said at the league’s kickoff event in Arlington last week that “anything is on the table” and that conversations with UT and OU would be forthcoming when he officially begins the job Aug. 1.

Both schools are projected to owe at least $80 million in exit fees if they leave before the expiration of the current media rights deal.

“Any situation like this, I always look for a win-win scenario,” Yormark said. “That being said, it’s important that whatever happens is in the best interest of this conference. But I look forward, at the right time, to have those conversations.”

So the temporarily supersized Big XII is still in play. That’s assuming that the non-UT and OU members aren’t plotting to scoop up some PAC 12 refugees, which may make it easier to wave goodbye to the leavers. I’m totally speculating here. I thought that UT and OU would find their way to the SEC before 2025 before that bombshell dropped – surely, they will very much want to jump the fence as soon as it’s feasible to do so – and I still think that. The mechanics of how they get there may change, but I believe the incentives remain.

For their part, the SEC continues to be coy.

Southeastern Conference commissioner Greg Sankey believes his league got the better deal with the coming additions of Texas and Oklahoma than the Big Ten with its coming additions of UCLA and Southern Cal, based on geography and history.

Sankey, in his opening remarks of the SEC Media Days on Monday, pointed out the UT and OU additions are in “contiguous states.” In other words, league travel only requires crossing a state line, not flying over mountains and deserts.

The Longhorns and Sooners are scheduled to join the SEC by July 2025 but perhaps even a year or two earlier.

“That’s not up to me, that’s about the relationships between Oklahoma and Texas and the Big 12,” Sankey said of when exactly UT and OU are expected to exit the Big 12 and join the SEC. “(Our) focus is on the additions being effective July 1, 2025.”

Again, maybe he believes that. Maybe it’s true, or at least true-ish. You know where I’ve placed my chips.

USC and UCLA to join Big Ten

Wow.

USC and UCLA have been accepted as the newest members of the Big Ten conference with league officials approving their membership Thursday night. The programs have announced their respective departures from the Pac-12 beginning in 2024 with the pair marking a significant acquisition for the Big Ten that will significantly change the college sports landscape.

“Ultimately, the Big Ten is the best home for USC and Trojan athletics as we move into the new world of collegiate sports,” USC athletic director Mike Bohn said. “We are excited that our values align with the league’s member institutions. We also will benefit from the stability and strength of the conference; the athletic caliber of Big Ten institutions; the increased visibility, exposure, and resources the conference will bring our student-athletes and programs; and the ability to expand engagement with our passionate alumni nationwide.”

“After careful consideration and thoughtful deliberation, UCLA has decided to leave the Pac-12 Conference and join the Big Ten Conference at the start of the 2024–25 season,” said UCLA chancellor Gene D. Block and AD Martin Jarmond in a combined statement. “… Each school faces its own unique challenges and circumstances, and we believe this is the best move for UCLA at this time. For us, this move offers greater certainty in rapidly changing times and ensures that we remain a leader in college athletics for generations to come. As the oldest NCAA Division I athletic conference in the United States and with a footprint that will now extend from the Pacific to the Atlantic, Big Ten membership offers Bruins exciting new competitive opportunities and a broader national media platform for our student-athletes to compete and showcase their talents.”

Big Ten presidents and athletic directors first met Wednesday night to discuss adding USC and UCLA to the league, sources told CBS Sports’ Matt Norlander. A subsequent vote was held Thursday night to officially welcome the programs into the league beginning Aug. 2, 2024.

“As the national leader in academics and athletics for over 126 years, the Big Ten Conference has historically evaluated its membership with the collective goal to forward the academic and athletic mission for student-athletes under the umbrella of higher education,” Big Ten commissioner Kevin Warren said. “The unanimous vote today signifies the deep respect and welcoming culture our entire conference has for the University of Southern California, under the leadership of President Carol Folt, and the University of California, Los Angeles, under the leadership of Chancellor Gene Block.”

I did not see that one coming. The ACC and the Big XII had lost members to other conferences before, including the University of Colorado to the PAC12, but this is earth-shaking, at least on the scale of UT and Oklahoma jumping to the SEC. The PAC12 will now have to negotiate a new TV contract without its two flagship schools, who were motivated to seek greener pastures in the first place because the PAC12’s TV contract wasn’t all that lucrative.

History and tradition have long been dead as reasons for conferences to exist and stay together, but I would have thought geography might have been a limiting factor. Not so much now, as the Big Ten literally spans coast to coast, with members in such heartland states as California, Maryland, and New Jersey. At this point, I wonder when we’ll get to a place where the “conference” idea is wholly discarded in favor of divisions, like in the NFL. I also wonder what effect this will eventually have on non-football schools that have become national powers in basketball, like Gonzaga.

A bit of local perspective from the LA Times:

“This is the most volatile and uncertain era in the history of American collegiate athletics,” USC athletic director Mike Bohn said in a statement. “USC must ensure it is best positioned and prepared for whatever happens next, and it is our responsibility to always evaluate potential opportunities and be willing to make changes when needed. Ultimately, the Big Ten is the best home for USC and Trojan athletics as we move into the new world of collegiate sports.”

UCLA athletic director Martin Jarmond told The Times, “College athletics is changing, and UCLA has always led in times of change. For the sake of our student-athletes, and for preserving the legacy of Bruin excellence, we cannot afford to stand still.”

This new, changing world Bohn and Jarmond referred to is one in which college athletes for the first time can earn money from the use of their name, image and likeness (NIL) — a right the NCAA and its member schools long denied to players in the name of the ideals of amateurism.

With so much unknown about where athlete compensation is headed beyond NIL, USC and UCLA leaders felt they had to address the long-term financial viability of their programs.

“As the oldest NCAA Division I athletic conference in the United States and with a footprint that will now extend from the Pacific to the Atlantic, Big Ten membership offers Bruins exciting new competitive opportunities and a broader national media platform for our student-athletes to compete and showcase their talents,” UCLA chancellor Gene Block and Jarmond said in a joint letter. “Specifically, this move will enhance name, image and likeness opportunities through greater exposure.”

[…]

In moving to the Big Ten, USC and UCLA also solve another issue that’s long plagued the Pac-12: Kickoff times. Both schools were often relegated to the late window on Saturday nights, neither often finishing before half the country was asleep.

“For our fans, Big Ten membership equates to better television time slots for our road games, but the same number of home games either at the Rose Bowl, in Pauley Pavilion or other UCLA venues,” Block and Jarmond wrote.

As members of the Big Ten, late kickoffs are almost assuredly a relic of the past. The most glaring problem for the Pac-12, however, has long been what happened after kickoff.

We spend a week or two each year on the west coast visiting family. That makes for some great sports-watching opportunities, because the games start as early as 9 AM and then go all day. If USC and UCLA fans don’t mind some early morning kickoffs and never having an evening home game going forward, then I guess this will work out fine for them. ESPN, Slate, and The Ringer have more.

UH will officially join the Big XII in 2023

No use waiting around.

The University of Houston will start play in the Big 12 in 2023 after the school came to an agreement on exit fees with the American Athletic Conference.

The Cougars will pay the AAC $18 million spread over 14 years to leave early and join the Power 5. The school will pay the first $10 million by 2024 with the rest to come in the following 12 years.

The Cougars, Cincinnati and Central Florida, are leaving the AAC and joining the Big 12 along with BYU, which as an indepentend already had announced plans to join in 2023.

The conference shift came after Texas and Oklahoma announced last summer they would leave the Big 12 and move to the SEC. Texas and Oklahoma still say they won’t move until 2025, so the Big 12 could have 14 teams for two seasons unless the schools negotiate an early departure.

The exit of the three schools from the AAC will also impact when Rice will leave Conference-USA to join the AAC along with UTSA, North Texas, Charlotte, Florida Atlantic and UAB.

UTSA announced its intent to join the AAC in 2023, while Rice said it hoped to release more information soon.

See here for some background. We noted this possibility in April. As for the exit fees, UH will be able to afford it.

While the Big XII may temporarily swell to 14 members in 2023 – which will make its name no less accurate than it is now, with ten members – I think there’s a strong chance that UT and OU will make their way to the SEC at the same time. UT is already scheduling games with Texas A&M, so really it’s all just paperwork and contract details at this point. By the same token, I’d expect Rice and its fellow C-USA refugees to be fully in the AAC in 2023. It was always the most likely scenario – every other conference reshuffling happened ahead of the originally announced timelines, because once that cat is out of the bag the incentives are very much in favor of moving things along. I’d expect the rest of those dominoes to fall in the coming weeks. CultureMap has more.

Get ready to start raking in the cash, UH

Money, money, money.

As the athletic director at Texas, Chris Del Conte is the CEO of one of the richest college athletic departments in the nation. He also knows what it’s like to have to make every penny count.

At TCU, Del Conte oversaw the school’s transition from the Mountain West to the Big 12 in 2012. As a member of the Mountain West, part of the so-called Group of Five, TCU never received more than $2 million in annual payout. So, when the Horned Frogs joined the Power Five, a change of address to the high-rent district of college athletes, you can imagine the shock of a few extra zeroes in the bank statement.

And that was before TCU became a fully vested member in its fourth year in the Big 12.

“Not right away, but there was for sure,” Del Conte said of the impact of an increased revenue flow for the Fort Worth private school. “The economics changed completely. There’s a big jump.”

A similar increase in revenue awaits the University of Houston, which along with BYU, Cincinnati and Central Florida, could join the Big 12 as early as 2023.

Upon entry, UH won’t see anywhere close to the $42.6 million the Big 12 announced Friday on the final day of its spring meetings, but the not-yet-announced revenue distribution for the incoming schools will be a considerably more than the current setup in the American Athletic Conference.

UH received $8.52 million as part of its annual revenue payout from the AAC, according to tax documents for the 2020-21 fiscal year. That was the second-highest total among AAC schools behind Cincinnati ($9.44 million), according to the Orlando Sentinel. UH’s revenue payout was nearly double the $4.43 million in 2021 and $4.354 million in 2020.

Once UH joins the Big 12, it can expect a similar framework for revenue payouts as TCU and West Virginia, the last two teams to join the league in 2012. The two schools received staggered shares for three years, receiving 50 percent in Year 1, 67 percent in Year 2 and 84 percent in Year 3 before becoming fully vested in the fourth year.

[…]

What could the revenue payout look like for UH? Based on this year’s Big 12 payout of $42.6 million — much of that coming from TV revenue — and again the following two years, which would represent UH’s first in the league. That would translate into at least $20 million in Year 1 and at least $26 million in Year 2. After that is unknown as the Big 12’s TV deal with ESPN and Fox is set to expire in 2025, which coincides with Texas and Oklahoma leaving for the Southeastern Conference.

Last summer, Bowlsby told Texas lawmakers that the remaining eight schools could lose 50 percent, or about $14 million per year, in TV revenue upon Texas and Oklahoma’s departure.

So that’s more than double the revenue early on, with the possibility of a significant drop that would put them close to where they are now. That’s a lot hinging on that next TV contract. I suspect the Big XII will be fine – we’re unlikely to run low on demand for college football and basketball on the tube – but it does suggest a bit of caution before going all in on whatever expensive new toys are out there. Good luck figuring it out, y’all.

American Athletic Conference to expand

Time for some more dominoes to fall.

The American Athletic Conference is set to consider expansion this week after six Conference USA programs applied for membership on Wednesday. If all six teams are added to the AAC, it would expand to become a 14-team league once realignment shakes out.

The six potential institutions looking to join the American from Conference USA include FAU, Charlotte, North Texas, UTSA, Rice and UAB, sources told CBS Sports on Monday. It’s expected that all six programs will be approved as new AAC members. Yahoo Sports’ Pete Thamel first reported the movement.

Adding North Texas, UTSA and Rice would allow the AAC to retain a strong geographical foothold in Texas, while FAU would join South Florida in the conference, Charlotte and UAB would have regional partners in East Carolina and Memphis, respectively.

The potential moves comes months after AAC members Cincinnati, Houston and UCF opted to depart for the Big 12, leaving the league with just eight football-playing members. The AAC previously looked to the West by courting Mountain West institutions Boise State, San Diego State, Air Force and Colorado State. However, all four schools declined the possibility of moving conferences.

“We do want to get back to either 10 or 12 [schools],” AAC commissioner Mike Aresco told the Orlando Sentinel in September. “We have some good candidates and we’re only dealing with candidates who have approached us — who have expressed an interest in us. It’s proceeding and I’m reasonably confident we’re going to end up as a strong conference and our goal is to be even stronger than before.”

The AAC is banking on safety in numbers. At 14 teams with many important geographic footprints under its belt, the American would stand with the Mountain West as the two strongest non-Power Five conferences. The move would also gouge Conference USA, which may now seek teams from the Sun Belt or a partnership with that conference after itself being reduced to eight members.

This round of realignment would leave Conference USA with just eight remaining members, which is one reason why it recently sought but failed to convince the AAC and Sun Belt to regroup along geographical lines. It is believed that there will remain 10 FBS conferences following this round of realignment.

[…]

The group puts an emphasis on big markets, featuring teams in Houston, San Antonio, Birmingham, Charlotte and on the edge of the Dallas-Fort Worth Metroplex. Other schools that will compete in the hypothetical AAC include SMU, Memphis, East Carolina, Temple, Tulsa, South Florida, Navy and Tulane.

It’s not clear what a 14-team AAC would be worth in media rights revenue. Conference USA schools get about $500,000 annually in their current TV deal. The AAC, as it currently exists, averages $7 million per team. That figure is expected to decline significantly after the loss of three schools to the Big 12.

Something like this was highly likely after UH and others left for the Big XII. As the story notes, it could have been the Mountain West adding members, but they decided it was better financially to stand pat. The AAC isn’t as strong as it was before the departures, but some of these schools look like up-and-comers, in particular UTSA, a large public school with a big city market all to itself in college sports. It’s a great move for Rice, which has had far more success in women’s sports in recent years (the women’s basketball, volleyball, and soccer teams all went to the NCAA tournament last year) than the men’s, but the step up in competition is a double-edged sword, to say the least.

The timing of this all hinges on when UT and Oklahoma make their actual move to the SEC, as everything else will follow that. I continue to believe that UT and OU will suit up for the SEC no later than the spring of 2023, and it won’t surprise me at all if they’re there for football in 2022. I guarantee, there’s plenty of talk going on about that right now. ESPN and the Chron have more.

COVID and college football

We sure these sellout crowds are a good idea?

At Virginia Tech last Friday, the packed crowd bounced to “Enter Sandman.” At the University of Wisconsin the next day, fans jumped around to “Jump Around.”

College football and its crowd traditions are back to their full glory like they were in 2019, before Covid-19 restrictions sharply limited fan attendance in 2020.

Some of the country’s biggest powerhouses — including Georgia, Alabama, Ohio State and Oklahoma, to name a few — are hosting games to full capacity on Saturday. And fans who attend these games won’t have to prove their vaccination status, won’t be required to social distance and won’t have to wear masks in their seats.

The return of college football and its unique cultures, which began in earnest last week, are a source of communal bonding for sports fans, yet they also represent a source of anxiety for others.

[…]

Both the SEC and NCAA deferred to schools to make their own decisions — based on local and state requirements — when asked what each was doing to mitigate the spread of Covid-19 at football games. Both do have Covid-19 protocols for student-athletes.

“My ask of our fans is to try to take advantage of what science has done,” Greg Sankey, SEC commissioner, said last month.

Georgia’s plan to host such a large crowd comes as the state has fully vaccinated about half of its residents 12 and older, one of the 10 lowest vaccination rates among all states, according to the Centers for Disease Control and Prevention. Athens-Clarke County, where the Bulldogs play, has a “high” rate of Covid-19 community transmission, the CDC says.

Last week marked the full opening of the college football season, and stadiums across the country were packed with fans eager to rejoin the communal sports experience.

In Georgia, the Mercedes-Benz Stadium in Atlanta hosted nearly 72,000 fans for an Alabama-Miami game on Saturday and hosted about 31,000 fans for the Louisville-Ole Miss game on Monday. At both games, the stadium roof was open and masks were required in enclosed spaces but not in open-air areas, and there were no vaccine requirements.

A number of the universities that have packed fans into seats this season require students to be vaccinated, including at large Big Ten schools Michigan (109,000 in attendance), Maryland (44,000) and Illinois (41,000).

These schools are hardly breaking new ground by holding packed games. The National Basketball Association and Major League Baseball have similarly held full capacity events this summer, and the National Football League will do so when the season begins later this week.

This story was published Saturday morning, before this week’s games were played. Those other sports aren’t a great comparison because they have smaller crowds and their gamedays aren’t all-day party affairs. The SEC and some other conferences put an emphasis on getting players and coaches vaccinated, but getting fans vaccinated is not on their agenda. I can hardly blame them, because I can imagine the pushback they’d get if they tried. There’s evidence to suggest that limited-seating football games did not help spread COVID, but we are not doing limited seating any more – these are full stadia, with 80K to 100K people in attendance. Don’t be surprised if that has a negative effect.

UH officially joins the Big XII

Long time coming.

Hello, Big 12.

In a historic day, the University of Houston has accepted an invitation to join the Big 12 Conference.

The Big 12’s presidents voted unanimously Friday to formally invite Houston, BYU, Cincinnati and Central Florida to form a 14-team league.

UH will begin play in the Big 12 as early as fall 2023.

“Joining the Big 12 Conference is a historic step in our institutional journey and signifies the tremendous growth and success attained academically and athletically over the last decade,” UH chancellor Renu Khator said in a statement. “Our expectations for our University remain high, our aspirations continue to be bold, and we embrace this new opportunity to compete at the highest levels in all we do.”

[…]

As members of the American Athletic Conference, Houston, Cincinnati and UCF must give 27 months’ notice if they plan to leave the league and pay a $10 million exit fee.

BYU is an independent in football and could join sooner.

What the Big 12 will resemble in a few years remains uncertain. Texas and Oklahoma said they will honor current contracts until 2025 when television rights with ESPN and Fox run out. Both schools would have to pay a buyout of $80 million to leave early.

See here for the background. Scheduling could be a little chaotic over the next season or two until everyone gets where they’re going. I’d bet a nickel on all the moving parts settling into their new places in time for next fall, but there’s a lot that could cause delays. I assume the AAC will now go trawling for some new members, so there’s still more to this story. In the meantime, congrats to the Coogs for finally catching the car they’ve been chasing since 1996.

The Big XII is finally ready for UH

Hope it was worth the wait.

Five years after a potential match fizzled, the University of Houston and Big 12 Conference are on the verge of uniting after all.

UH has emerged as a leading contender to join a reconfigured 12-team Big 12 with a formal vote planned for next week, two people with knowledge of the talks said Thursday.

The shift comes just over a month after Texas and Oklahoma announced they were leaving the Big 12 for the Southeastern Conference, starting another round of conference realignment that could eventually fulfill UH’s longtime desire to join one of the major conferences in college athletics.

Earlier reports Thursday by ESPN, The Athletic and the Dallas Morning News said the Big 12 has targeted UH, BYU, Central Florida and Cincinnati as expansion candidates to join the league’s eight remaining schools. Long the powerbrokers of the Big 12, Texas and Oklahoma have accepted invitations to join the SEC in 2025.

The Big 12 requires eight of its current 10 members to approve candidates before expansion can occur. A person with knowledge of the process said UH is expected to receive unanimous approval.

The Morning News said the expansion timetable “remains very fluid,” with one source saying, “it can move as fast as everyone wants it to.”

[…]

By adding UH, UCF and Cincinnati, the Big 12 would raid the American Athletic Conference, which has long been considered the best league outside of the so-called Power Five that includes the SEC, Big Ten, ACC, Pac-12 and Big 12. The addition of the three schools would allow the Big 12 to remain involved in the Houston television market, extend its reach to Florida and add a Cincinnati program that begins this season in the football top 10.

BYU, which is independent in football, brings a strong national brand, large fan base due to its affiliation with The Church of Jesus Christ of Latter-day Saints and rich football tradition. All of BYU’s athletic programs except football currently play in the West Coast Conference.

See here for some background on the last time UH was on the Big XII dance card. As you know, this is all the result of UT and OU saying good-bye to the Big XII for greener pastures. Cincinnati and UCF make sense as additions and BYU is a nice get, probably the biggest non-Notre Dame free agent out there, but it’s going to make for some geographic challenges – Utah is a long way away from the next closest school in the conference. The PAC 12 probably makes more sense logistically for BYU, but they decided to stand pat for whatever the reason. BYU is now the center of another political and religious fight, which may bring some negative attention to their future conference and conference-mates, but that’s more or less the cost of doing business these days. The UH Board of Regents is having a special meeting today to discuss their Big XII prospects, and I think we can expect that they will go along with any plan to join up. So congrats, Coogs, you finally made it.

UPDATE: UH’s Board of Regents has officially approved pursuing Big XII membership.

The PAC-20?

Here’s one possible outcome for the left behind members of the Big XII.

According to multiple reports, the commissioners of the Pac-12 and Big 12 met Tuesday to discuss how the conferences might benefit from working together or maybe even merging.

The merging part has us very interested.

A full merger of the Big 12 and Pac-12 would create a 20-team conference with schools in every major U.S. time zone, something no other conference has.

That would make it unique and very different and potentially pretty valuable in the ever-important TV contract discussions for conferences.

What could a Big 12 and Pac-12 merger look like?

Here’s some possibilities to split up the conference, should the Pac-12 and Big 12 decide it is in their best interests to join forces.

You can read the rest. There’s lots of reasons why this probably won’t happen, but it’s at least amusing to contemplate. We live in very strange times.

Also in the “we live in strange sports times” news department:

American Athletic Conference commissioner Mike Aresco said the league has never “plotted” with ESPN to pursue teams from other conferences.

“Our conference has never strategically aligned or plotted with ESPN to influence conference structures,” Aresco said Wednesday during a video conference call to kickoff AAC media day.

Aresco said the AAC is not actively looking to add schools.

“I want to emphasize we are not looking at realignment and not out there attempting to take teams,” Aresco said.

[…]

Aresco said he has not spoken to any Big 12 schools.

“Any suggestions or statements that we colluded with ESPN with regards to the structure of any other conference is completely unfounded and grossly irresponsible accusation,” Aresco said.

See here for the background on that. We’ll see if Bob Bowlsby provides some receipts for that initial claim. In the meantime, if the AAC and every other conference isn’t thinking about realignment and what they might do about it, I don’t know what they are doing. I’m not saying they should want to live in this ever-religning world, but I am saying it is the world they are in fact living in, and they should adjust accordingly.

Big XII visits the Lege

It’s something to do, anyway.

As the University of Texas prepares for a jump from the Big 12 to the Southeastern Conference, state lawmakers are working to determine how the move will affect the rest of the state — and whether they might be able to intervene in such a move in the future.

The first hearing of the committee on the future of college sports in Texas on Monday produced more questions than answers. Senators, economists and representatives of the universities left behind brainstormed how the Big 12 could remain viable — perhaps by adding up-and-coming Texas programs such as the University of Houston and Southern Methodist University.

But with the exits of UT and the University of Oklahoma sealed, there was little lawmakers could do but commiserate and propose potential solutions.

“I think there are options for us to partner with other conferences, there may be opportunity for mergers, there may be opportunities to add members,” said Bob Bowlsby, the commissioner of the Big 12 Conference. “There may be other opportunities that are currently unforeseen. … The multitude and severity of the challenges that are out there right now is likely to cause lots of changes.”

The eight remaining schools — which include Waco’s Baylor University, Fort Worth’s Texas Christian University and Lubbock’s Texas Tech — agree that “staying together is probably our best approach in the near-term,” Bowlsby said.

[…]

State Sen. Jane Nelson, R-Flower Mound and the chair of the newly formed committee, said she’d invited representatives from UT and ESPN to testify on Monday, but they declined. Texas A&M, which left the Big 12 for the SEC in 2012, also rejected an invitation.

See here for some background on the committee. Nothing is going to happen, as this issue isn’t on the special session agenda and of course there’s a quorum break going on, but everyone got to express their feelings, and I’m sure that helped. As for UT, they weren’t there to share their perspective, but they still had something to say.

University of Texas at Austin President Jay Hartzell on Monday publicly defended the school’s decision to leave the Big 12 for the Southeastern Conference along with the University of Oklahoma in 2025 and denied Texas lawmakers’ claims that the school violated Big 12 bylaws in doing so.

“This future move is the right thing for our student athletes for our student athletes, our programs and our University in the face of rapid change and increased uncertainty,” Hartzell said.

[…]

“It is timed to avoid the legislature in its legislative session, where it is structured with the power to make decisions,” said Sen. Brian Birdwell, R-Granbury.

Hartzell said that he initiated discussions with the SEC in the spring — while the regular legislative session was going on.

He disputed claims made by lawmakers and Big 12 Commissioner Bob Bowlsby that the Texas school violated the league’s bylaws by not giving advance notice of their departure.

“I want to set the record straight — we have and will continue to honor all agreements,” Hartzell said. “We have not violated any Big 12 bylaws.”

Lawmakers argue that the process was done in the dark, and would have far-reaching effects on the remaining schools in the conference, notably the three that reside in Texas.

See here for more on the accusations of UT and OU’s alleged duplicity along with ESPN. Lord knows, this Legislature knows how to do things in the dark. Game recognizes game.

Big XII accuses ESPN of sabotage

Interesting!

In the long, sordid and divisive history of conference realignment, there has always been feverish levels of mistrust, backroom allegations and message board conspiracies when schools switch leagues. But in the decades of cloak-and-dagger maneuverings, political gamesmanship and rival in-fighting that have always accompanied realignment, we’ve never seen a moment like Wednesday afternoon.

Yahoo Sports first reported that the Big 12 sent a “cease and desist” letter to ESPN essentially demanding the television network stop plotting to sabotage and cannibalize the league. Commissioner Bob Bowlsby accused ESPN of attempting to “harm the league” for ESPN’s financial benefit. That wasn’t even the most memorable part.

From there, Bowlsby did a series of media interviews where he accused ESPN of plotting with another league – later revealed to be the American Athletic Conference per Yahoo Sources – to attempt to kill off the Big 12. Essentially, Bowlsby said he found evidence that ESPN had been “providing incentives” to a league to lure the Big 12 leftovers away after Oklahoma and Texas bolted without warning.

“What pushed me over the top was a couple of days ago when it became known to me that ESPN had been working with one or more other conferences and even providing incentives for them to destabilize the Big 12 and approach our members about moving away and providing inducements for the conference to do that,” Bowlsby told Yahoo Sports in a phone interview. “That’s tortious interference with our business. It’s not right.”

There’s more, so read the rest, and see the letter in the original story. ESPN denies the allegations, as you might expect. I have no idea what happens next, as I have definitely been operating under the assumption that this is going to happen and will very likely happen well before 2025, but this suggests there will be a lot more friction than I anticipated, and that the Big XII will aim to make it as expensive as possible for UT and OU. And, apparently, ESPN. We’ll see how that works out for them.

Meanwhile, since this is of course all about money, there’s this.

The decisions by the University of Texas and University of Oklahoma to seek to leave the Big 12 Conference to join the Southeastern Conference could affect more than just which teams they play. The decision can also have a big economic impact for the rest of the Big 12 and the communities that are home to their teams.

The move is not yet approved, but if it goes through, it could cost as much as $1.3 billion a year in lost athletic revenues, tourism spending and other economic activity for communities across the Big 12, according to an analysis by Ray Perryman, an economist and CEO of the Perryman Group, an economic consulting group in Waco.

Without Texas and OU, the rest of the conference is likely facing smaller television deals, lower attendance, and other negative consequences, Perryman said in a report released Thursday.

Ray Perryman is the go-to guy for this kind of economic analysis, and you have to respect his ability to crank them out in such a timely manner. I don’t doubt that the remnants of the Big XII will do worse without UT and OU, and some of that will trickle down to the cities the schools are in. I suspect those numbers are overblown, but I couldn’t say by how much. The report is here, judge for yourself.

SEC accepts UT and OU

Time to start printing the money.

The Southeastern Conference voted unanimously Thursday afternoon to invite the University of Texas at Austin and the University of Oklahoma to join their 14-member league during a meeting with the league member’s presidents and chancellors.

“Today’s unanimous vote is both a testament to the SEC’s longstanding spirit of unity and mutual cooperation, as well as a recognition of the outstanding legacies of academic and athletic excellence established by the Universities of Oklahoma and Texas,” Commissioner Greg Sankey said in a statement. “I greatly appreciate the collective efforts of our Presidents and Chancellors in considering and acting upon each school’s membership interest.”

[…]

Meanwhile, UT and OU could see their revenue climb significantly through the move from television revenue, ticket revenue and additional branding opportunities.

The decision may also tie into a Supreme Court ruling last month that says athletes can earn money based on their intellectual property, meaning flagship schools must find new ways to earn revenue.

Although UT and OU said in their letter to [Big XII Commissioner Bob] Bowlsby that they don’t plan to renew their deal with the conference past 2025, there is speculation that the two schools would not be bound by the Big 12’s contract if the conference dissolves before 2025. They would need to pay a penalty of more than $75 million for leaving the league early, but are still legally required to give 18 months’ notice, per Big 12 bylaws.

“I have every expectation that Oklahoma and Texas will do whatever they can to not meet their [contractual] obligations,” Bowlsby told CBS Sports. “That’s what they’ve done so far.”

After two closed session meetings this week, the Texas A&M University System Board of Regents voted late Wednesday afternoon to support Texas and Oklahoma joining the SEC, despite concerns the Board had over the “communication process.” A&M joined the SEC from the Big 12 a decade ago.

“The board concluded that this expansion would enhance the long-term value of the SEC to student athletes and all of the institutions they represent — including Texas A&M,” the statement read.

See here for the previous update, and see here for the story on the A&M Board of Regents getting on board, presumably once they realized the money involved. Put a pin in that quote from Bob Bowlsby, there will be more about him and the Big XII tomorrow. You know I believe that UT and OU will be playing SEC conference games well before 2025, but there may be more obstacles in that path than I first thought. The Chron has more.

UT and OU make it officially official

Smell ya later, Big XII.

After a week of speculation, the University of Texas at Austin announced Tuesday that alongside the University of Oklahoma it has asked to join the Southeastern Conference starting July 1, 2025.

The news came a day after both schools announced they would not renew their media rights contract with the Big 12 in 2025. If the two schools were to join the SEC, they would join the likes of top football schools such as University of Florida, Louisiana State University and the University of Alabama.

“We believe that there would be mutual benefit to the Universities on the one hand, and the SEC on the other hand, for the Universities to become members of the SEC,” UT President Jay Hartzell and OU President Joseph Harroz, Jr. said in a joint letter to SEC Commissioner Greg Sankey.

Sankey said in a statement that while the SEC hasn’t actively pursued new members, it will welcome change when there is consensus among members.

“We will pursue significant change when there is a clear consensus among our members that such actions will further enrich the experiences of our student-athletes and lead to greater academic and athletic achievement across our campuses,” Sankey said.

The move leaves the rest of the Big 12 conference, which includes Texas Tech University, Baylor University and Texas Christian University, in a state of uncertainty. Monday afternoon, Big 12 Commissioner Bob Bowlsby said in a statement that the remaining eight institutions will work together to ensure future success.

“Although our eight members are disappointed with the decisions of these two institutions, we recognize that intercollegiate athletics is experiencing rapid change and will most likely look much different in 2025 than it does currently,” Bowlsby said. “The Big 12 Conference will continue to support our member institutions’ efforts to graduate student-athletes, and compete for Big 12 and NCAA championships.”

The Monday news was about saying goodbye to the Big XII, or at least saying that they wanted to say goodbye. This is about saying Hello to the SEC, which one presumes will be returned in kind. I suppose it’s possible that things could go pear-shaped from here, but that would be a huge upset. Most likely, if you’re a Longhorn or Sooner, get ready to start shelling out for new SEC-branded gear.

A personal anecdote: Back in 2003, during the long special session slog to re-redistrict Texas on Tom DeLay’s orders, Rice played UT in a football game at Reliant Stadium. I contributed a bit to the MOB halftime script for that show, which was about the redistricting saga and how we should never leave the task of redistricting to politicians. “After all,” the bit concluded, “the last time the Governor got involved with redistricting, Baylor wound up in the Big XII”. It got a big laugh from the mostly UT fans. Seems like the joke holds up pretty well all these years later.

There is of course political involvement in this round of Conference Bingo, and so naturally our state’s biggest self-promoter has rushed out to the front of the parade in hope of being mistaken for a leader.

Lt. Gov. Dan Patrick has asked Sen. Jane Nelson to chair a new select committee on the “Future of College Sports in Texas,” a move that came hours after Texas and Oklahoma issued a joint statement to the Big 12 that served as the first step toward leaving the conference.

In a tweet sent out Monday night Patrick said the committee’s purpose would be to “study the athletic & economic impact to TX schools & communities by UT’s exit.” A hearing is scheduled for Aug. 2.

This is just the latest bit of political theatre in the face of the state flagship’s impending departure from the Big 12, a conference it founded in 1994 that currently includes four Texas-based members: UT, Baylor, TCU and Texas Tech.

Hey, Dan, let me know when you plan to have a hearing to fix the grid and claw back some of the money that was heisted from way too many paying customers from the freeze.

UT and OU make their official move to exit the Big XII

It’s just a matter of time now. And money. Always money.

The University of Texas at Austin announced Monday morning that it will not renew its sports media rights contract with the Big 12 that is set to end in 2025, giving the first formal signal that it’s planning to leave the athletics conference.

The decision comes after rumors surfaced last week that UT-Austin and the University of Oklahoma would leave the Big 12 and join the Southeastern Conference, which would then include 16 schools.

The move was announced in a joint statement from UT-Austin and Oklahoma.

“Both universities will continue to monitor the rapidly evolving collegiate athletics landscape as they consider how best to position their athletics programs for the future,” the statement read.

[…]

The financial impact on the [remaining] schools could be devastating. Records show that media rights represent the single largest income stream for Texas Tech athletics. Its total athletics revenue during the 2020 fiscal year was $90.4 million, meaning the Big 12 payouts accounted for more than one-third of its total earnings.

That major-conference money helped allow it to limit the amount of money the university transfers into its athletics department to under $50,000. Public universities outside of major conferences in Texas have been known to funnel millions into their athletics programs to keep the departments afloat. (TCU and Baylor are private schools, and their financial numbers are not public.)

See here for the previous update. I’m old enough to remember that one big reason why the old Southwest Conference fell apart is that some schools thought some other schools were not pulling their weight in terms of financial reward for the conference as a whole. (A broader geographic appeal, and thus bigger potential TV audiences, was another significant factor.) Speaking as a Rice Owls fan, I feel your pain, Texas Tech and Baylor. Sucks to be on the other side of that, doesn’t it?

Sources from the Big 12 told ESPN that Monday’s statement from UT and OU doesn’t fully guarantee that the schools remain in the Big 12 through 2025. There is the possibility that they can pay a penalty of more than $75 million for leaving the league early and give a required 18 months’ notice, per Big 12 bylaws.

There is also speculation that OU and Texas would also not be bound by the Big 12’s contract if the conference dissolves before 2025, according to the publication. If the future of the Big 12 conference is in doubt, other schools could also look elsewhere for a landing place.

I for one would bet on UT and OU making their exit from the Big XII well before 2025. All of the previous breakups, starting with Arkansas leaving for the SEC in 1990, happened within a year. Whatever the contract terms are now, UT and OU will have plenty of incentive to buy their way out of them, and the remaining schools will ultimately take the cash as a preferable option to uncertainty and a hell of a lot of awkwardness. I will be shocked if UT and OU aren’t fully integrated into the SEC by the start of the 2023 football season, and it would not surprise me if they’re there for 2022. That’s the world we live in. The Chron and Slate, which runs some financial numbers, have more.

The A&M and AAC responses to UT and OU and the SEC

Moving from denial to bluster.

Texas A&M athletic director Ross Bjork has a message for any newcomers to the Southeastern Conference: “We’re ready.”

Texas and Oklahoma are preparing to exit the Big 12 and join the SEC, just as A&M did nearly a decade ago. The Longhorns and Sooners are expected to inform the Big 12 this coming week and begin preparing for their pending exits — and how soon they join the SEC (whether by 2022 or as late as 2025) is to be determined.

“We believe that throughout our time in the SEC, Texas A&M has become stronger than ever,” Bjork told the Houston Chronicle on Saturday. “We’re the largest university in Texas and in the SEC. We have 550,000 former students. We’re knocking on the door of the College Football Playoff, and our women’s basketball team is the reigning SEC champion. We’ve got so many Olympians. There are so many great things and strengths about our program.

“As you look at all of this and our landscape, our position is, ‘Who wouldn’t want to join?’ The SEC is in the best position to lead in this transformative time in college athletics, and obviously there are others wanting to join us in that journey. Here in Texas, we’ve paved that way, and we’ve been leading that way over the last 10 years.”

A&M and other SEC programs apparently were largely kept out of the loop on informal discussions among UT, OU and the SEC in recent months, and Bjork said A&M is addressing that with the league.

“Those conversations are being had … there are definitely procedural matters that need to come forward, and those things are being discussed,” Bjork said.

A&M is pivoting from its early stance when the Chronicle broke the news on Wednesday at SEC Media Days that UT and OU intended to join the powerful conference.

See here, here, and here for the background. I can’t blame A&M for feeling blindsided by this, but their first mistake was in thinking that anyone outside Aggie Nation cared. It’s all about the money, y’all.

I also found this amusing.

Back in summer 2016, schools from the so-called Group of Five lined up to make elaborate pitches to join the Big 12.

For three months, the University of Houston was among the reported favorites, along with Cincinnati, to join the Big 12. It would have been a monumental moment for Houston, which has long desired a seat at college football’s table of power brokers — and the exposure and lucrative payout that come with it.

It all turned out to be a three-month charade. The Big 12 eventually decided against expansion. Tilman Fertitta, UH’s deep-pocket board of regent chairman, blasted the process, calling it “a total sham” … “PR play” … “biggest ramrod, railroad, ever.”

Five years later, conference realignment is back on the table. This time it’s not just talk. As early as this week, Texas and Oklahoma are expected to declare their intention to leave the Big 12 for the SEC.

That once desirable Big 12 destination that had schools tripping over each other for admission like a sold-out concert. Not so desirable anymore.

And once on the verge of being raided, the AAC could open its doors to some, if not all, of the eight remaining teams from the Big 12, a group that includes Baylor, Texas Tech and TCU.

The AAC will not take a wait-and-see approach and instead will be aggressive in pursuit of the Big 12’s leftovers, an industry source confirmed Saturday. The Athletic was the first to report the AAC’s intentions.

For what it’s worth, in my previous update I linked to a Yahoo News story that suggested it would be the diminished Big XII that would be aggressive in courting AAC schools to join them. That has been the normal flow of events in the conference-hopping game, though one must admit that “Big XII minus UT and OU” is a lot less formidable, and maybe not so much bigger or grander than the AAC or the Mountain West. I just enjoyed the Mouse That Roared energy from this story. Maybe it plays that way and maybe it doesn’t, but I suppose there’s no harm in assuming one is now on equal terms with a former big boy. Where it stops, nobody knows.

One more with UT, OU, and the SEC

It’s happening. I know, it’s early, and there’s resistance, and stuff can happen, but come on. It’s happening.

Texas and Oklahoma are prepared to inform the Big 12 they will not renew their media rights agreement with the league when the current deal expires in 2025, a conference-shattering move that could come as early as Monday morning.

A Big 12 source confirmed both the Longhorns and Sooners are preparing to break from the league they helped found in 1994. The Chronicle reported on Wednesday that the schools had discussed a move to the SEC and that an announcement could come in the next few weeks. Declining to extend or negotiate a new media rights agreement (first reported by Dallas television station WFAA) with the Big 12 and providing notice of intent to withdraw to will allow Texas and OU to formally begin the process of aligning with a new conference.

But Texas and Oklahoma would still be bound by the grant of rights, which bestows the schools’ first- and second-tier media rights to the Big 12. If Texas and Oklahoma exit prior to June 30, 2025, when that agreement expires, the Big 12 gets to keep the TV money a school generates even after it leaves.

Withdrawing members are also obligated to pay a commitment buyout fee. That amount is equal to conference media rights distributions that would otherwise have been paid out to the program(s). The Big 12 distributed $34.5 million each to its 10 member schools during the 2020-21 fiscal year, a $3-million drop from the previous year due to effects from the COVID-19 pandemic. Big 12 commissioner Bob Bowlsby believes distributions could jump to $40 million or more next fiscal year, which could make Texas’ potential buyout hit $80 million.

Even with all the potential obstacles – Texas A&M’s fervent objections, vitriol from the rest of the Big 12, an effort by some Texas and Oklahoma representatives to turn conference realignment into a legislative issue – the belief is Texas and Oklahoma are bound for a new conference sooner rather than later.

See here and here for the background, and here for the WFAA story. The money issue will work itself out one way or another, even if it is just a matter of waiting until the current agreements expire. I suppose that might give the legislators now frantically filing bills and making unanswered phone calls to Greg Abbott some time to throw up obstacles to UT, but I don’t believe there’s a force in this world that will stop the money train. Nothing ever has.

Assuming this does happen – and you should be – there will be massive ripple effects throughout the rest of the NCAA, just as there were a few years ago when we last went through a big round of inter-conference shuffleboard.

Expect the Big 12 to be aggressive in adding schools. It’ll knock on doors at Arizona and Arizona State. Perhaps it’ll try and lure Colorado back and pry Utah. The Pac-12 is weak now, but the core of USC, Oregon, UCLA and Washington are all more attractive to be aligned with than any of the Big 12 schools.

From there, the Big 12 will decide how big it wants to get. It has to decide whether to add two, four or six schools. Four seems like the most reasonable number, with Cincinnati, UCF, USF, BYU and Boise State the most likely candidates from outside the state of Texas. The potential addition of Houston and SMU becomes complicated, as Baylor, TCU and Texas Tech wouldn’t have much interest in more in-state competition.

Remember, it’s streaming subscriptions, not cable boxes, that matter most. BYU would appear to have the best option for that, with its national following. But BYU is always complicated, which prevented the Big 12 from adding it in 2016 when the Cougars’ complicated LGBTQ history became a factor.

UCF and USF have great markets, but would the Big 12 want two Florida footholds? Cincinnati is a preseason Top 10 team that has been working hard behind the scenes to build for this moment. It also brings a big market and fertile recruiting area.

This is all sub-optimal for the American Athletic Conference, as it’ll be a familiar trickle-down. In a similar food chain fallout that followed the ACC cannibalizing the Big East a decade ago, the Big 12 will go after the most attractive AAC candidates. The AAC will do its best to hold on to its top programs but a reconstructed Big 12 without Texas and Oklahoma should offer a more attractive financial landing spot than the current AAC.

[…]

The ACC is in a difficult spot because it ate a bad deal from ESPN to get a linear network. Now it is frozen for two decades in an antiquated agreement, as the ACC gives schools more than $32 million per year.

[ACC Commissioner Jim] Phillips needs to do something dynamic to blow up that deal and get back to the bargaining table. Those options are limited, and ESPN isn’t going to be eager to give up a sweetheart deal on its end.

The loss of Texas as an option is a huge blow to the ACC’s ambitions, as multiple sources indicated that the ACC was caught by surprise Wednesday. The ACC’s other big play was Notre Dame, but the league failed to use any leverage it had on Notre Dame as a quasi-member the past few years. The new College Football Playoff proposal doubles as a security blanket for Notre Dame’s independence, which means little incentive for it to find a league home. Especially with its own lucrative TV deal coming.

The best remaining option for the ACC will be some type of scheduling arrangement or merger with the Pac-12. And that hints at another potential ripple from this move – is this going to be remembered as the pivot point toward super conferences?

There has long been a notion in college athletics that the Big Ten and SEC were pulling away from all the other leagues because of the financial success of their networks and the corresponding success on the field. Now, the Big Ten will go to market without the adrenaline jolt that the SEC got in its deal. The only corresponding move the Big Ten could make would be a play for Notre Dame, but that remains unlikely because of how secure Notre Dame’s future is in the new football playoff.

The issue for the Big Ten would be that Ohio State is isolated as the league’s power. Could the Big Ten leverage the potential of its next deal with a move to answer, adding Virginia, Georgia Tech, Florida State, North Carolina and Clemson to cover the league’s Eastern flank and fortify the Interstate 95 corridor? There will be pressure on Warren to be bold. But the ACC is protected by a grant of rights through the length of its TV deal.

“It’s about combining forces now,” said a high-ranking college official. “Who teams up with who? Do we end up with four leagues? Do we end up with three? Or do we go to a 32-team NFL model. This is going to be earth-shattering.”

[PAC 12 Commissioner George] Kliavkoff joked on Twitter about his active first month as commissioner getting more interesting. The Pac-12 is last in line to go to market, and there’s a feeling that it needs to do something creative. There’s still great value in the West Coast, even if the football has been subpar for the past five years. But this move, the Big Ten deal and an upcoming deal for Notre Dame potentially put the Pac-12 in a position of weakness thanks to a lack of suitors.

The ripples of this potential SEC deal will be felt from coast to coast. And it’s not good news for any of the other leagues because of how much ESPN oxygen this sucks up. As one industry source put it: “The current schools in the SEC wouldn’t agree to this if all of a sudden their games are relegated to ESPNU. It’s not just money, it’s exposure.”

The ACC, PAC 12 and Big 10 all have new commissioners whose jobs just got a lot more stressful. New Big 10 Commissioner Kevin Warren had his first media day after the UT/OU story broke, and that subject was a big part of the conversation. I have no idea what’s going to happen, but assume that whatever the college football world looks like now – and as that Yahoo story notes, this is entirely driven by football, with basketball at best an afterthought – it will be different soon. If your school isn’t part of the action, it’s being left behind. I don’t make the rules and I don’t like it any more than you do, but that’s how it is.

Some legislators want to keep UT out of the SEC

This is kind of hilarious.

As the college athletics world roils over the possibility of the University of Texas and the University of Oklahoma leaving the Big 12 conference, a group of Texas legislators with ties to other universities in the state has mobilized.

Four prominent lawmakers — one each with ties to Baylor University, Texas Christian University, Texas Tech University and Texas A&M University — met with Gov. Greg Abbott’s staff Thursday, one day after news broke that UT and OU had reached out to the Southeastern Conference about joining, according to a source briefed about the meeting and an Abbott spokesperson. Abbott is a UT alumnus and outspoken Longhorn fan.

The four lawmakers were Rep. Greg Bonnen, R-Friendswood, who chairs the influential House Appropriations Committee and attended Texas A&M; Rep. Dustin Burrows, R-Lubbock, who received his law degree and MBA from Texas Tech and chairs the powerful House Calendars Committee; Rep. Jeff Leach, R-Plano, who chairs the House Committee on Judiciary and Civil Jurisprudence and was a student body president at Baylor; and Sen. Lois Kolkhorst, chair of the Health and Human Services Committee and a former TCU athlete. Kolkhorst declined comment and the other three lawmakers did not immediately respond to requests for comments Thursday evening.

Leach and Burrows have already expressed their concern about a potential move on social media, with Leach saying on Twitter that he was “working on legislation requiring legislative approval for UT to bolt the BIG XII.”

“This is about much more than college sports,” Leach wrote. “The impact UT’s decision would have on communities & businesses all across Texas would be real, substantial and potentially devastating. On behalf of those concerned Texans, the Texas Legislature has an obligation to be involved.”

See here for the background. Nothing is happening in the Lege right now, for obvious reasons, and one wonders what motivation “outspoken Longhorns fan” Abbott would have to stop his alma mater from making this move, since he’d have to add the item to the next special session agenda. For sure, if UT and OU leave the Big XII it will consign TCU, Baylor, and Texas Tech to a diminished future, but that’s a result of longtime forces in college sports. Their foundation wouldn’t be any firmer, they’d just be holding off the tide for another day. Speaking again as a fan of a team that was left behind in the 90s, I understand their fears, but by the same token since they were among the leavers, I trust you’ll forgive me if I don’t rush to sympathize. Sean Pendergast, Jerome Solomon, and the Chron have more.

UPDATE: There’s now a bill to effect this end, HB298. If it gets added to the call, and if there’s a quorum when that happens, then maybe that has a chance. Don’t hold your breath.

UPDATE: I’m dying:

Sources: Gov. Abbott not returning calls from top Republicans in the Texas Legislature about UT trying to head to the SEC

Republicans like Chairman Dustin Burrows and Chair Brian Birdwell have filed bills to block UT from changing conferences, but of course that’s not on the special session agenda. The governor’s office has gone quiet.

There’s been a real distinct lack of high comedy this legislative season. I want to thank the universities of Texas and Oklahoma for providing the opportunity to bring a little of that back.

Are the college conference dominoes set up for a tumble again?

This would be a big deal.

A decade after major conference realignment shook up college football, big changes might again be on the horizon.

Texas and Oklahoma of the Big 12 have reached out to the Southeastern Conference about joining the powerful league, a high-ranking college official with knowledge of the situation told the Houston Chronicle on Wednesday.

An announcement could come within a couple of weeks concerning the potential addition of UT and OU to the league, the person said, which would give the SEC 16 schools and make it the first national superconference.

“Speculation swirls around collegiate athletics,” UT responded in a statement Wednesday. “We will not address rumors or speculation.”

OU, in its own similar statement, offered: “The college athletics landscape is shifting constantly. We don’t address every anonymous rumor.”

[…]

Another person with knowledge of the schools’ interest in jumping to the SEC said it could be the first step in the long-awaited break between haves and have-nots in the college sports world. Most of those scenarios have involved four superconferences of 16 schools each, but the observer said the eventual winnowing down could result in an NFL-like scenario with as few as 20 to 30 schools in the top tier.

The eventual impact, the second source said, could be the biggest change agent in college sports since the 1984 court decision involving Oklahoma and Georgia that allowed schools to market certain media rights without being limited to conference-only agreements.

“You’re going to see shifts happen like they’ve never happened before,” he added, “but it’s not going to happen for another three years.”

The recent developments in athletics (possible expansion of the college football playoff) and legal circles (players’ ability to profit from their name, image and likeness) are leading Oklahoma and Texas to consider moves based not on regional or competitive ties but on economic forces.

The Big 12’s TV contract with ESPN and Fox expires in 2025. Texas Tech president Lawrence Schovanec said in May that the two networks had declined to discuss extending the contract past 2025.

“The general result is that, at this time, with so much uncertainty in the media marketplace as well as the landscape for collegiate athletics, our partners, ESPN and FOX, are not interested in acting preemptively with regard to our contract,” Schovanec told the Lubbock Avalanche-Journal in late May. “They recognize the importance of our partnership, but there’s just too much uncertainty, and they do have four years to go.”

As colleges face new challenges with name, image and likeness reforms and the recent Supreme Court decision that cast doubt on the NCAA’s beloved “student-athlete” model, the second source said, more powerful schools will seek to protect their economic base by flocking to like-minded superpowers.

“Schools have worked so hard to hide the fact that the collegiate game is nothing but the NFL hiding behind the veil of education,” the second source said. “Sports is mirroring what is happening in the broader context of society. It is not exempt from the same forces that affected K-mart or Blockbuster, who enjoyed success but were not able to change. To survive, you have to be able to change in real time.”

As the story notes, it’s been nine years since Texas A&M and Missouri left the Big XII for the SEC; Nebraska and Colorado also departed the conference, for the Big 10 and the PAC 12, respectively. A&M’s athletic director is quoted in the story as being unfavorable to the idea – basically, A&M got there first and they deserve to have the SEC to themselves – but I doubt that will carry much weight in the end. Money talks, and UT and OU represent a lot of it.

If this happens, and I’m inclined to believe it will, we will wind up with a vastly different college athletics landscape in short order. For one thing, the Big XII will lose pretty much all of its glamour, and may well end up on the outside looking in when that “four 16-team superconference” world comes into existence. (On the plus side, UH might finally get accepted into the Big XII.) As a longtime fan of a school that’s never going to be more than cannon fodder in this world, I’m not interested in the palace intrigue of it all. You have to be able to handle a lot of cognitive dissonance to be a college sports fan. The recent NCAA ruling over “name, image, likeness” rights makes things a little better for the athletes themselves, but this is never going to be an equitable world. You make your peace with it or you find some other thing to occupy your Saturdays in the fall and weekends in March. ESPN and Texas Monthly, which is warming up the death knell for the Big XII, have more.

The ultimate inducement to getting vaccinated

Winning college football games. I mean seriously, if that doesn’t do it then literally nothing will.

SEC commissioner Greg Sankey calls it the “vaccination motivation” — in urging the league’s programs to receive the COVID-19 vaccination before the season kicks off in a little more than a month.

“Let me be clear to our fans, to our coaches, to our staff members and to our student-athletes: COVID-19 vaccines are widely available,” Sankey said to crank up SEC Media Days on Monday. “They’ve proven to be highly effective. And when people are fully vaccinated, we all have the ability to avoid serious health risks, reduce the virus’s spread and maximize our chances of returning to a normal college football experience, and to a normal life.

“With six weeks to go before kickoff, now is the time to seek that full vaccination.”

Sankey, speaking on the first day of the four-day event and the first SEC Media Days in two years because of the pandemic, said six out of the SEC’s 14 football teams “have reached the 80 percent threshold in roster vaccination.”

“That number needs to grow, and grow rapidly,” Sankey said. “We have learned how to manage through a COVID environment, but we do not yet have control of a COVID environment, and that finds us preparing to return toward normal this fall, but we see realities around us.”

[…]

Sankey added, “The ‘forfeit’ word comes up at this point,” after the league last season left a cushion in December to allow for makeup games. That likely will not be the case this year. A&M is scheduled to kick off its season Sept. 4 against Kent State at Kyle Field, and Sankey said all early signs are the SEC’s season will not be pushed back a few weeks (and shortened to league-only contests) like it was in 2020.

“You hope not to have disruption, but hope is not a plan, goes the cliché,” Sankey said. “We (for now) still have roster minimums that exist, just like last year. What I’ve identified for consideration among our membership is we remove those roster minimums, and you’re expected to play as scheduled. That means your team needs to be healthy to compete, and if not, that game won’t be rescheduled.

“ … We’ve not built in the kind of time we did last year, particularly at the end of the season, to accommodate disruption. Unless we’re going to do that, our teams are going to have to be full prepared to play their season as scheduled.”

I’ll get back to the SEC in a minute, but at least one conference is using the word “forfeit”.

The American Athletic Conference has had conversations in the past week that would require teams without enough healthy players due to COVID-19 to forfeit games this season.

“It’s not decided yet, but it’s likely,” Houston athletic director Chris Pezman said recently during an appearance on SportsTalk 790 AM.

Few FBS teams dealt with COVID-19 disruptions as much last season as Houston, which had eight games either canceled or postponed. UH officials were particularly upset with the short notice given by Baylor, which called off a game less than 24 hours before kickoff and the Cougars’ equipment truck already in Waco.

The eventual season opener against Tulane was delayed until Oct. 8, a delay of more than a month.

A similar measure to force teams unable to field enough healthy players to forfeit has also been discussed with the Big 12.

“The COVIDing out and the gamesmanship that went into that, make no mistake that occurred this last year,” Pezman said. “You’re going to end up forfeiting.”

Lots of teams played incomplete schedules last year, with many games being delayed or canceled because one team or the other didn’t have enough healthy players. If the idea this year is for things to go back to “normal”, then teams need to ensure they can meet minimum roster requirements. The best way they can do that is to make sure that they don’t have COVID outbreaks, and we all know what they best way to do that is. Stuff can still happen – the recent outbreak with the Yankees, where over 85% of their team and staff are vaxxed, is an example – but the odds are much better in your favor this way.

Obviously, the number of people in scope for this is small, but it just might spread outward a bit. Imagine if coaches forbade the fat cat donors from hobnobbing with the teams if they’re not vaxxed, for example. Whatever the case, every little bit helps. And hey, if the ol’ ball coach says get your shots, who’s gonna say no?

UPDATE: Not just college football.

The NFL has added an additional COVID-19 vaccination incentive for players, threatening forfeits and the loss of game checks if an outbreak among unvaccinated players causes an unresolvable disruption in the regular-season schedule.

Commissioner Roger Goodell informed clubs of the new policy Thursday in a memo. The league has encouraged vaccination for players but has not required it, per an agreement with the NFL Players Association.

Instead, the league has set up a series of incentives. As of Thursday, Goodell wrote, more than 75% of NFL players were at least partially vaccinated and more than half of the league’s teams have player vaccination rates above 80%.

Unvaccinated players will be subject to severe protocols during training camp and the regular season, including daily testing, mask-wearing and travel restrictions. Thursday’s memo made it clear that unvaccinated players could, in theory, be responsible for the losses of games and paychecks as well.

You can be free to make your own choices about the vaccine if you really insist, but that doesn’t mean you’re free from the consequences.

Coronavirus and college sports update

What life is like for Texas’ college football teams.

In the world of COVID-19-era college football, Sunday is a day not for resting but for testing.

Each Sunday this fall brings a new set of checklists and guideposts that players and staff members must negotiate before they can think about playing, let alone winning, on any given Saturday.

It has not been a uniformly smooth road for Texas’ 12 Football Bowl Subdivision teams. Nine of the 12 have had at least one game on their revised schedules affected by their own positive COVID tests or those of an opponent.

This weekend alone, Texas A&M and Rice were idle because their games against Tennessee and Louisiana Tech, respectively, were postponed as college football enters the final month of its truncated, delayed regular season. Nationally, 15 games were postponed or canceled this weekend.

But with the exception of Rice, which delayed its season opener into October, each of the 12 Texas schools will exit this weekend having played at least a half-dozen games, which speaks to their success in maintaining the discipline required for success and health.

“We’re asking 18- to 22-year-olds in the most social time of their lives to be more mature than many adults are being,” said Baylor athletic director Mack Rhoades. “They’re doing a pretty darn good job of following the rules and being disciplined.”

A month remains, though, in which things can go awry quickly.

“We can’t let our guard down,” said Texas A&M athletic director Ross Bjork. “We can’t get too comfortable, especially with our communities surging right now. But everyone has done a great job.”

While each of the five conferences represented by the 12 Texas schools — the American Athletic, Big 12, Conference USA, Southeastern and Sun Belt — have their own weekly procedures, all are on the same approximate schedule.

You can read on for the details, but basically it’s testing on Sunday and at least one other day, contact tracing and quarantining anyone who was in contact with someone who tested positive, coordinating with the visiting teams, and so on. With the exception of Texas State, every school that is playing football has had at least one game postponed, with those that had scheduled non-conference games having them mostly or all canceled. I’ll be honest, this has gone better than I expected in terms of getting the games played – the effect of the outbreak in the towns that have these universities is another story, but that’s about more than just the games – though the wisdom of doing this at all seems to have been accepted regardless of the outcome. I think we’re going to be debating that for a long time.

Meanwhile, this is the time of year when college basketball normally gets underway. Suffice it to say, there are challenges. At least football is played outdoors, where some of the COVID risks can be minimized. If there’s going to be basketball of any kind before a vaccine is fully rolled out, I don’t see how it can be done with fans in the stands. We’ll know what they’re up to soon.

College sports roundup

Southland Conference postpones fall sports.

After much deliberation, the Southland Conference has postponed league competition in all of its fall sports with the intent of playing a football season in the spring of 2021 due to concerns over COVID-19.

The Southland will, however, allow teams to play nonconference games if they choose.

Houston Baptist, for example, plans on playing its three scheduled nonconference football games this fall, including at Texas Tech. HBU’s other nonconference opponents are North Texas and Louisiana Tech.

The Huskies also will participate in nonconference games in volleyball and women’s soccer.

[…]

Sam Houston State will not try to play any sports in the fall, but Stephen F. Austin said it would.

HBU will play three opponents (North Texas, Texas Tech, and Louisiana Tech) who will pay them for the game. That’s one way to mitigate the financial hit for this.

West Coast Conference postpones fall sports.

Keeping in line with many other leagues around the country, the West Coast Conference, which includes BYU, announced Thursday that it has postponed all conference fall competition due to the coronavirus pandemic and is looking at ways to compete in the spring.

The decision was reached by the WCC Presidents’ Council after consulting with the league’s 10 athletic directors and commissioner Gloria Nevarez over the past several weeks.

This move impacts women’s volleyball, soccer, men’s cross-country and women’s cross-country. But it doesn’t affect men’s and women’s basketball, which is scheduled to tip off in November.

The conference “remains fully committed and continues to work closely with campus leadership on plans to ensure a safe environment to conduct the 2020-21 WCC men’s and women’s basketball seasons in the winter,” according to league officials. “The conference intends to explore various models for conducting WCC competition in the fall sports of men’s and women’s cross-country, men’s and women’s soccer and women’s volleyball in the spring of 2021. The WCC strongly supports efforts to encourage the National Collegiate Athletic Association to conduct fall NCAA championships in the spring.”

The WCC includes Gonzaga, so you can understand the desire to play basketball.

Southern Conference postpones fall sports.

VMI will not play Virginia nor any other football team this fall.

The Southern Conference announced Thursday that it is postponing its fall sports season until next spring because of the coronavirus pandemic. SoCon presidents voted on the matter Thursday afternoon.

Although SoCon games are moving to the spring, the conference is permitting its teams to still play nonleague games this fall.

But VMI decided not to exercise that option. So the Keydets will not play their scheduled game at UVa on Sept. 11.

“We made the decision, our CEOs did, regarding fall moving to spring, and we support that and believe it’s in the best interest of our cadet athletes to shift things to the [spring],” VMI athletic director Dave Diles said Thursday in a phone interview. “And therefore [VMI] didn’t feel it was the right thing to have any additional parts separated from that decision.”

VMI would have received $375K to play UVa.

Horizon League postpones fall sports.

The Horizon League has canceled sports this fall.

On Thursday afternoon, the league announced it has postponed all competition for fall sports. Among the schools in the Horizon League are Detroit Mercy and Oakland.

In total, 10 sports have been canceled, including men’s and women’s cross country, men’s and women’s soccer, men’s and women’s golf, baseball, softball, men’s tennis and women’s volleyball.

The league said any decision to move fall sports competition to the spring will be made at a later date. Individual schools will implement their own rules involving team workouts, in accordance with NCAA and state guidelines.

The Horizon League had previously voted to delay the start of the fall sports season until October 1.

Big Sky and Western Athletic Conferences postpone fall sports.

There won’t be any sports competitions this fall in either the Big Sky Conference or Western Athletic Conference due to health and safety concerns related to the COVID-19 pandemic.

Both leagues made their announcements Thursday and are looking at the possibility of moving fall competition to the spring. It impacts four Utah colleges: Weber State and Southern Utah in the Big Sky, and Utah Valley and Dixie State in the WAC.

The Big Sky had previously announced it would postpone the league’s conference competition in football this fall, and Thursday’s news confirms there won’t be any nonconference play in any sport. The decision also impacts Big Sky competition in sports like men’s and women’s cross-country, soccer and volleyball that compete for their championships in the fall, as well as those in their nonchampionship portion of the season, including men’s and women’s golf, softball, men’s and women’s tennis.

[…]

The Big Sky punted making a decision on when the league’s winter sports — men’s and women’s basketball, men’s and women’s indoor track and field — could start competition.

The WAC’s fall championship sports impacted include men’s and women’s cross-country, volleyball and men’s and women’s soccer. The league also said the earliest possible competition date for sports in the nonchampionship portion of their season is Jan. 1, 2021, affecting men’s and women’s golf, baseball, and softball.

The WAC will discuss winter athletics competition at a later date, while saying competition in men’s and women’s basketball and men’s and women’s swimming and diving competition will be postponed through the end of October.

All of these conferences are FCS; the WAC used to be FBS, but dropped football after lots of schools moved to other conferences. Also, FCS school New Mexico State postponed its fall sports, becoming the third independent FCS school to do so, following the University of Connecticut and the University of Massachusetts. They all join the Big 10 and the PAC 12 in sitting it out for now, leaving the fall to the Big 12, SEC, and ACC

I don’t know what other FCS conferences there are out there, but for now at least this is what we’re going to get. I’m still quite skeptical that these three Power 5 conferences, plus the non-P5 FCS schools that are still in, can do this safely, but they’re going to try. And who knows, maybe they can. Sean Pendergast makes the case that the conferences that postponed were the foolish ones.

Regular students are coming back to campus anyway
At many of these schools, particularly in the Big Ten, regular students are actually returning to on campus classes this month. Yes, thousands of kids on campus, left to determine social distances and left for us to trust their masking policies. Football players at those schools will now be spending MORE time near the rest of those students. Also, if the Big Ten schools with student returning to campus are THAT concerned about COVID-19, to where they re canceling football, then why on earth are they bringing students back? It makes no sense.

Players in the SEC, ACC, and Big XII will have better access to testing and medical care
When they ultimately nail down hard and fast protocols, it is widely assumed that the SEC, ACC, and Big XII will obviously have some sort of regular testing for COVID-19. This, along with the access to top notch medical staff and facilities, make the players at those schools the most cared-for college students anywhere when it comes to COVID-19. Between frequent testing, the structure of a football regimen, and great doctors, you could argue the safest students in the country are the football players of the SEC, ACC, and Big XII. I feel for the Big Ten and Pac-12 kids who are now left without testing, and many of them being sent back to their hometowns, where depending on their family’s healthcare coverage, it’s hit or miss as to just how protected they are from the coronavirus.

Athletic departments budgets are about to be plundered, say goodbye to non-revenue sports
It would be naive to ignore the fiscal suicide being committed by the Big Ten and the Pac-12, who stand to lose tens of million of dollars by canceling the 2020 football season, basically out of fear — fear of bad press, fear of future litigation, fear of whatever. It’s why I wanted to establish first that the student-athletes in the conferences PLAYING football are actually safer from COVID-19, so my argument doesn’t appear mercenary. Big Ten schools pocket over $50 million per year from the Big Ten Network ALONE. Athletic departments stand to drown in a sea of red ink approaching nine figures. Non-revenue sports, basically everything that’s not football and basketball, that provide scholarship opportunities for literally thousands of kids, many female and minorities, are going to die under a financial guillotine when this is all said and done.

Playing a spring season is actually MORE dangerous than playing in the fall
Here is perhaps the least logical part of the whole thing — the Big Ten and Pac-12 are reportedly wanting to play in the spring. So this would mean playing a football season, which I’m assuming is a minimum of eight games, starting in, say March. This would run through May. Training camp for the fall season, assuming there’s a COVID vaccine and/or therapeutic medicine, would begin in July. That’s LESS than two months between seasons. Seasons of FOOTBALL. This is beyond malpractice, and far more abusive than any sort of exposure players would have to COVID-19. It seems that everyone wanting to cancel football, stuck in their coronavirus fetal position, conveniently forget that they’ve been watching and enjoying a sport for years that includes the risk of permanent head trauma.

Maybe! I think #3 is a legitimate concern, and #4 is a concern for a different reason, which I’ve seen expressed elsewhere: You’re moving football games from October and November to January and February, which are a lot colder and have more snow. That’s not great for a variety of reasons. Multiple football programs have had COVID outbreaks among their players already, some bigger than others, and I have plenty of doubts that the coaches, ADs, and whoever else is making these decisions has any idea what they’re going to do if a team has a similar outbreak during the season. And Lord help us if they all insist on having fans in attendance. I will readily admit, moving these sports to the spring has its share of risks and downsides. But let’s not underestimate the risk of staying the course.

The Big XII will play football

That’s their plan, anyway.

The start of the Big 12 Conference’s college football season will move forward as scheduled, conference officials said Wednesday, meaning four major Texas football programs are one step closer to playing this fall.

“Ultimately, our student-athletes have indicated their desire to compete in the sports they love this season and it is up to all of us to deliver a safe, medically sound, and structured academic and athletic environment for accomplishing that outcome,” said Big 12 Commissioner Bob Bowlsby in a statement. The season will kick off Sept. 26, with the conference championship pegged for Dec. 12.

Baylor University, Texas Christian University, Texas Tech University and the University of Texas at Austin are Big 12 members. The conference presidents’ decision to allow football during the coronavirus pandemic was made official Wednesday morning, a day after the Big Ten and the Pac-12 announced their seasons would be postponed until the spring semester.

Bowlsby said member schools have committed to enhanced COVID-19 testing, with three tests per week in high contact sports. Non-conference football opponents must also adhere to testing protocols that match conference standards.

Texas A&M University is part of the Southeastern Conference, which has also signaled its intent to allow teams to play this fall.

“We will continue to further refine our policies and protocols for a safe return to sports as we monitor developments around COVID-19 in a continued effort to support, educate and care for our student-athletes every day,” said SEC commissioner Greg Sankey in a statement Tuesday.

So that’s two Power 5 conferences not playing in the fall, two that say they are, and the ACC. Of course, there are a ton of questions that will have to be addressed before this can be taken seriously, such as “how exactly are you going to keep all those people safe”, “what will be the protocol when someone (or several someones) tests positive”, and “do you really think that allowing fans in the stands is a good idea”. You can have all the bravado you want, but you better have some idea of what you’re doing when something inevitably goes wrong. In the meantime, all I can say is that it’s going to be an interesting autumn. Or possibly spring, if things do change. Reform Austin has more.

Big 10 and PAC 12 scrap football for this fall

Boom.

Big Ten Conference presidents and chancellors voted Tuesday to postpone all fall sports seasons, including football, with the hopes of playing in the spring, it announced Tuesday.

“The mental and physical health and welfare of our student-athletes has been at the center of every decision we have made regarding the ability to proceed forward,” Big Ten commissioner Kevin Warren said in a statement. “As time progressed and after hours of discussion with our Big Ten Task Force for Emerging Infectious Diseases and the Big Ten Sports Medicine Committee, it became abundantly clear that there was too much uncertainty regarding potential medical risks to allow our student-athletes to compete this fall.

“We know how significant the student-athlete experience can be in shaping the future of the talented young women and men who compete in the Big Ten Conference. Although that knowledge made this a painstaking decision, it did not make it difficult. While I know our decision today will be disappointing in many ways for our thousands of student-athletes and their families, I am heartened and inspired by their resilience, their insightful and discerning thoughts, and their participation through our conversations to this point. Everyone associated with the Big Ten Conference and its member institutions is committed to getting everyone back to competition as soon as it is safe to do so.”

[…]

In making its decision, the Big Ten said it relied on the medical advice and counsel of the Big Ten Task Force for Emerging Infectious Diseases and the Big Ten Sports Medicine Committee.

“Our primary responsibility is to make the best possible decisions in the interest of our students, faculty and staff,” Morton Schapiro, the Chair of the Big Ten Council of Presidents/Chancellors and Northwestern University president, said in a statement.

The University of Nebraska, after Cornhuskers coach Scott Frost on Monday said his program is prepared “to look at any and all options” in order to play this fall, on Tuesday issued a joint statement saying “we are very disappointed in the decision by the Big Ten.”

“We have been and continue to be ready to play,” the Nebraska joint statement said. “Safety comes first. Based on the conversations with our medical experts, we continue to strongly believe the absolute safest place for our student athletes is within the rigorous safety protocols, testing procedures, and the structure and support provided by Husker Athletics.

“… We hope it may be possible for our student athletes to have the opportunity to compete.”

See here for the background. Here’s the official statement from the Big 10. Something I noticed after rereading my draft was that basketball, which obviously starts in the fall but has a sprint championship, was not mentioned in the news stories. It’s not mentioned in the statement either, so at this point there’s no news. Any postponement of basketball will have further effects, but for now that decision has not been made.

A few hours later, the PAC 12 followed suit.

The Pac-12 CEO group voted unanimously Tuesday to postpone fall sports and will look at options to return to competition next year, the conference announced.

“The health, safety and well-being of our student-athletes and all those connected to Pac-12 sports has been our number one priority since the start of this current crisis,” said Pac-12 Commissioner Larry Scott in a statement. “Our student-athletes, fans, staff and all those who love college sports would like to have seen the season played this calendar year as originally planned, and we know how disappointing this is.”

Impacted Pac-12 student athletes will continue to have their scholarships guaranteed. The conference is also encouraging the NCAA to grant students who opt out of playing this academic year an additional year of eligibility.

The league’s medical advisory group had “concerns that many of its current recommendations cannot be achieved consistently across all universities at this point in time. Currently, the availability of frequent, FDA-approved, accurate testing with rapid turn-around time vary at each of the Pac-12 institution locations. In addition, in many locations within the Conference, community test positivity rates and number of cases per 100,000 in the surrounding community exceed levels which infectious disease and public health officials deem safe for group sports.”

The medical advisory group said “it is anticipated that over the next few months, rapid point of care tests will become more available and we will have a greater understanding of potential short- and long-term health effects of COVID-19 to better inform medical decision-making.”

Here’s their statement, which says they will “postpone all sport competitions through the end of the 2020 calendar year”. That also doesn’t mention basketball, but as noted since a bunch of (generally non-conference) games are played in the fall, it would seem to affect that as well. We’ll see what that means.

Looking at the other Power 5 conferences, it seems that the SEC is most likely to try to have a season, while the Big 12 may be the last one to made a decision. Whatever happens from here, this was a first step. There will be tons of fallout and repercussions from this, and we may not see a return to “normal” for some time. And that’s without factoring in the financial consequences. Hold onto your hats. The AP, CBS Sports, Slate, and Daily Kos have more.

UPDATE: An interesting fact from the Chron: “As of Tuesday, 53 of the 130 FBS schools will not play football this fall.” Just a guess here, but that number is going to go up.

So where are we with college football?

Possibly on the brink of postponing the season.

Commissioners of the Power 5 conferences held an emergency meeting on Sunday, as there is growing concern among college athletics officials that the upcoming football season and other fall sports can’t be played because of the coronavirus pandemic, sources told ESPN.

No major decisions were made on Sunday night, but multiple sources in several Power 5 conferences have told ESPN the commissioners talked about trying to collaborate if their respective presidents do decide to cancel or postpone fall sports.

Several sources have indicated to ESPN that Big Ten presidents, following a meeting on Saturday, are ready to pull the plug on its fall sports season, and they wanted to gauge if commissioners and university presidents and chancellors from the other Power 5 conferences — the ACC, Big 12, Pac-12 and SEC — will fall in line with them.

Sources told ESPN that a vast majority of Big Ten presidents have indicated that they would vote to postpone football season, hopefully to the spring. A Big Ten official confirmed to ESPN that no official vote took place during Saturday’s meeting.

“It doesn’t look good,” one Power 5 athletic director said.

[…]

Several sources have told ESPN over the past 48 hours that the postponement or cancellation of the football season seems inevitable. Many of those sources believed it ultimately will take a Power 5 conference to move things in that direction and that either the Big Ten or Pac-12 would probably be the first league to do it.

“Nobody wanted to be the first to do it,” a Power 5 coach told ESPN, “and now nobody will want to be the last.”

A Power 5 administrator added: “It feels like no one wants to, but it’s reaching the point where someone is going to have to.”

As we know, all of the not-FBS conferences, as well as the MAC, have cancelled or postponed their fall sports. On Monday, the Mountain West Conference joined them. Today, the PAC 12 will have a meeting, and we’ll see what they decide. This could be the week when the plug gets pulled, which would mean spring football if everything is finally better by then.

Or maybe not. The University of Nebraska is considering its options in the event the Big 10 postpones its season. (As of last night, there were conflicting reports about the Big 10’s plans.) There is definitely support from some athletes and politicians for having a season, though as that story notes the reasons each group has for advocating its position are different. One possible outcome is some kind of massive realignment, maybe with a smaller number of schools playing, and/or a bunch of athletes moving to other schools to participate. I’m sure we’ll know more soon. But just remember, in a country where we had the political leadership to get COVID-19 under control, we’d be having a very different conversation right now.

UPDATE: Just noticed that Rice is pushing back the start of its season to September 26, with the intent to reschedule games against UH and Army that were originally planned for before that date. I guess that’s a baby step towards postponing till spring, but as of this writing Conference USA and the AAC were still on for the fall.

Paxton beats SEC rap again

Not a surprise.

Best mugshot ever

A federal judge has again thrown out securities fraud charges against Texas Attorney General Ken Paxton, effectively ending one of two legal battles that have dogged Paxton for close to a year.

U.S. District Judge Amos Mazzant on Thursday dismissed the case “with prejudice,” making a final judgment on the charges that had been brought by the U.S. Securities and Exchange Commission. Mazzant first threw out the charges last year but gave the SEC the opportunity to file amended allegations — which it did in October, keeping the case alive.

[…]

In its amended allegations, the SEC had sought to bolster its argument that Paxton had a legal duty to disclose to the investors that he was making a commission. Mazzant said Thursday the SEC had still not been persuasive enough.

“This case has not changed since the Court conditionally dismissed the Commission’s Original Complaint,” the judge wrote. “The primary deficiency was, and remains, that Paxton had no plausible legal duty to disclose his compensation arrangement with investors.”

See here, here, and here for the background. After the charges were dismissed the first time, I was skeptical of the second effort, but you never know what might happen. So much for that. This is a win for Paxton, but the big game begins May 1, in Collin County or somewhere else. That’s what will really matter. The Press has more.

UPDATE: RG Ratcliffe’s overview of the Paxton saga is well worth your time.

More Paxton-versus-SEC stuff

Keeping the lawyers busy.

Best mugshot ever

Lawyers for Texas Attorney General Ken Paxton say the U.S. Securities and Exchange Commission cannot “shoot first and investigate later” as they seek to block 15 new subpoenas issued by the SEC.

It is the latest argument by Paxton’s attorneys in their effort to show the SEC is scrambling to save its civil securities fraud case against the attorney general, who is headed to trial later this year on similar criminal charges at the state level. Fighting the SEC charges, his team has already cast doubt on the credibility of a key witness in both cases, State Rep. Byron Cook, R-Corsicana.

The new subpoenas, issued Tuesday, largely seek communications Paxton may have had with any other investors in Servergy, the North Texas start-up whose investors Paxton is accused of misleading from a period before he was elected Texas’ top law enforcement official in 2014.

“The SEC cannot now attempt to bolster its faltering case … by fishing around in discovery for information about other potential investors whom the SEC has not pled with any particularity that Mr. Paxton defrauded,” Paxton’s lawyers wrote in their latest filing.

See here, here, and here for some background. This is all separate from the criminal trial that is now scheduled. Such busy days for our AG.

Paxton’s trial date set

Mark your calendars, and stock up on the popcorn.

Best mugshot ever

Texas Attorney General Ken Paxton’s trial on criminal securities fraud charges is set to begin May 1.

Jury selection will be held April 20-21 and April 27-28, according to a recent order by George Gallagher, the judge presiding over Paxton’s case. He also scheduled a hearing on pretrial motions for Feb. 16.

The trial will unfold in the heat of the legislative session, which began Tuesday and ends on May 29, and as campaigns get underway for the 2018 elections. Paxton plans to seek another term.

[…]

In the criminal case, Paxton faces three felony charges of breaking Texas securities law. If convicted, he could be sent to prison for five to 99 years.

Last year, Paxton exhausted his options in trying to put an end to the criminal case. The final blow came in October, when Texas’ highest criminal court declined to hear a Paxton appeal.

I think you know the background on this one. I’m not one for making predictions, but I will make one here: If Paxton gets convicted, he will not lose the support of any current statewide incumbent. They will rally around him, they will blame everyone but him for the outcome, and they will endorse him next March when and if he draws a primary opponent. I fully expect that he will be on the ballot next November. What happens if he wins re-election and loses his appeals, and has to serve time in jail? I guess we’ll find out. The DMN, the Chron, and the Lone Star Project have more.

Paxton wants SEC’s documents on him

More twists and turns.

Best mugshot ever

Texas Attorney General Ken Paxton’s attorneys have gone to court, seeking to force the Securities and Exchange Commission to produce notes of their interviews with the investors whose allegations form the basis of the civil case against him.

Paxton’s attorneys filed the motion to compel the SEC to turn over the documents Wednesday. SEC officials have refused to turn over the documents calling them “work product.”

His attorneys contend an SEC attorney told him that turning over the interview notes would show “the direction that we steered (the witness) with our questions would give away our strategy,” the motion states.

[…]

The SEC’s amended filing claims that Paxton alleged that members of the group had a standing policy that “no member makes money or otherwise benefits off the investment of another member.” It states that “Investor 1 ‘informed and expressly’ told Mr. Paxton about supposed policies of the group,” the motion states. (Paxton’s attorneys contend that Investor 1 is a reference to Cook.)

The SEC’s prior filing did not mention the existence of any such policy.

In Paxton’s motion, lawyers for Paxton state that they received an email from Cook and Hochberg’s attorney stating that there “was no formal group,” but rather an “ad hoc arrangement for time to time, good friends might invest in the same transaction.”

“This is a dramatically different story than the tale the SEC has spun about a decades-old investment group with established policies and practices,” the motion states.

The motion says the attorney for Cook and Hochberg also stated that they did not consider Paxton to be their broker.

Paxton’s attorneys want notes of the SEC’s meeting with Cook and Hochberg to determine “where and how this divergence in stories occurred.”

The motion also notes that Paxton’s sworn statement was taken back in December 2014, yet the SEC did not take sworn testimony from potential investors in Servergy.

The SEC interviewed Cook and Hochberg before filing its original case in April, but did not take statements under oath.

See here and here for some background. “Cook” is State Rep. Byron Cook, “Hochberg” is another investor named Joel Hochberg. I have no idea what to make of any of this, but at this point I don’t expect much from this case. I’m waiting for the real trial, which will happen next year. The Chron and the Trib have more.

Paxton asks for SEC charges to be dismissed again

Once more, with feeling.

Best mugshot ever

Best mugshot ever

Texas Attorney General Ken Paxton on Friday asked a federal judge to once again dismiss a U.S. Securities and Exchange Commission complaint accusing him of defrauding investors in private business deals in 2011.

U.S. District Judge Amos Mazzant III dismissed the SEC’s original complaint on Oct. 7, saying it contained allegations that weren’t supported by federal securities law. The SEC responded two weeks later with a revised complaintthat added details to the allegations that Paxton committed fraud by soliciting investors in Servergy Inc. without disclosing that the tech company was paying him to hawk its stock.

Paxton lawyer Matthew Martens said the new complaint still falls short.

“As the court said four weeks ago, the SEC’s original complaint had no legal basis. Our motion to dismiss filed today explains why the SEC’s new complaint fares no better. The reason is simple — Mr. Paxton did not commit securities fraud,” Martens said.

Paxton’s lawyers told Mazzant that the SEC’s revised complaint failed, again, to show that Paxton had a legal duty to tell potential investors about his sales commission deal with Servergy.

“The commission to date has been unable to cite a single example where a court has recognized such a disclosure duty,” they told the judge.

See here and here for the background, and here for a copy of the Paxton motion. I’m not a lawyer, but I have a hard time imagining what the SEC could have added that they didn’t include in the first place that might make a difference. But what do I know? We’ll see what the judge says this time. The DMN and the Chron have more.

SEC to try again with Paxton

If at first you don’t succeed

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Best mugshot ever

The U.S. Securities and Exchange Commission is not giving up on its case against Attorney General Ken Paxton.

The commission filed amended civil charges against Paxton on Friday, two weeks after a federal judge dismissed the case. Paxton, who is also fighting similar criminal charges at the state level, is accused of misleading investors in a company years ago.

“We are disappointed by the SEC’s decision to continue this case, given the court’s opinion and the clear infirmities the court found with the commission’s original complaint,” Paxton lawyer Matthew Martens said in a statement. “We will evaluate the revised complaint and respond accordingly.”

Earlier this month, U.S. District Judge Amos L. Mazzant III threw out the SEC case against Paxton but gave the commission 14 days — until Friday — to file amended allegations.

The updated charges contend that the group of investors Paxton allegedly duped when he persuaded them to invest in a tech start-up called Servergy “reasonably expected” him to disclose he was receiving a commission. According to the SEC, the members of the group had a standing policy that “no one member makes money or otherwise benefits off of the investment of another member.”

The amended allegations also amplify the SEC’s argument that Paxton did not simply fail to disclose but “actively concealed” his commission agreement from the investor group. He did so, the SEC says, by not mentioning it in filings with the Texas Ethics Commission and the IRS, ignoring efforts by the group to learn about his relationship with Servergy and mischaracterizing the compensation as a kind of gift when asked about it by the SEC.

See here for the background. I have no idea if this is a necessary technical correction to allow otherwise-viable charges to go forward, or if it’s a “what the heck, we may as well give it one last try” situation. Paxton still has the criminal charges to deal with, so if nothing else this is a distraction from that. Trail Blazers has more.

Paxton beats SEC rap

Two down, one left.

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Best mugshot ever

A judge has thrown out the federal civil case accusing Attorney General Ken Paxton of securities fraud, giving him his biggest legal victory yet since the allegations surfaced more than a year ago.

U.S. District Judge Amos L. Mazzant III on Friday granted Paxton’s motion to dismiss the lawsuit but gave the U.S. Securities and Exchange Commission 14 days to amend its allegations against the attorney general. Paxton is still fighting similar criminal charges at the state level.

Paxton is accused of misleading investors in a company from before he took office as Texas’ top lawyer. One of the central allegations is that he persuaded a group of people to invest in the company, a technology startup known as Severgy, without disclosing that he was receiving a commission.

“This case is not about whether Paxton had a moral obligation to disclose his financial arrangement with Servergy to potential investors,” Mazzant wrote in a 29-page ruling. “This case is also not about whether Paxton had some general obligation to disclose his financial arrangement to his investor group.”

Rather, Mazzant concluded, the case is about whether Paxton had a legal obligation to make a disclosure, and he did not — at least according to the facts put forward by the SEC.

See here for the background. No question, this is a big win for Paxton. I’m not qualified to say whether this result tells us anything about how the state case may go, but the bottom line is that the state case is now the only thing he has to worry about. The Chron and the Press have more.

A good day in court for Paxton

He may well get those SEC charges dismissed.

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Best mugshot ever

Lawyers for the U.S. Securities and Exchange Commission received skeptical treatment Friday from a federal judge who is considering whether to dismiss the civil fraud case against Attorney General Ken Paxton.

From the outset, U.S. District Judge Amos L. Mazzant III noted that the SEC’s case against Paxton was unlike those he usually sees from the commission. Mazzant came across as less than persuaded by one of its central arguments. At one point, Mazzant suggested the SEC was trying to fit a “square peg into a round hole,” basing its case on precedents that do not back up their arguments.

“The court’s hard-pressed to find a case that fits into the allegation the SEC is making,” Mazzant said, “and that troubles the court.”

The judge did not rule immediately at the end of the 90-minute hearing inside a Sherman courtroom. He said he instead plans to issue a decision in 30 days.

[…]

Largely at issue Friday was whether Paxton committed securities fraud by simply leaving out information in his dealing with investors, not necessarily making misleading statements. Paxton lawyer Matthew Martens argued that the attorney general’s actions did not amount to fraud, leaning heavily on the argument that every court that has previously looked at the issue has rejected the SEC’s argument. Meanwhile, SEC lawyer Matthew Gulde asked Mazzant to look more broadly at Paxton’s actions as a “pattern of conduct” in which he acted as a “secret broker” and had at least two duties to tell investors he was being compensated.

“It doesn’t matter what we call it,” Gulde said. “It is a secret quid pro quo that needs to be disclosed.”

They sparred less extensively over another charge in the case involving Paxton’s failure to register as a securities broker. Paxton’s side argued that his action did not meet any definition of the term, while SEC lawyers countered that they were downplaying how active of a role Paxton had in recruiting investors. “Mr. Paxton is not someone who’s walking into this blindly,” Gulde said.

Mazzant often appeared more sympathetic to Paxton’s arguments, suggesting that Gulde was reaching to find case law to support the SEC’s case — at least with the current facts alleged. “I don’t know how we get there,” Mazzant said at one point.

See here and here for the background. The state charges against Paxton are higher stakes, because the SEC case is a civil one, for which only a fine could be levied. Getting the charges tossed, if that is what happens, would still be a pretty big win for Paxton, as at the very least it lends credibility to his whole “I’m being persecuted” schtick. He needs his supporters to keep the faith, and his underwriters to keep those checks coming. He’s already beaten the Bar Association grievances, so this would give him two in a row. The third one is way bigger than the other two, though. We should know where he stands in a month. The Chron has more.

Paxton’s day in SEC court

That’s a slightly misleading headline, but you get the point.

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Best mugshot ever

Lawyers for Texas Attorney General Ken Paxton will argue Friday morning in a Sherman courtroom that the federal civil fraud case against him should be dismissed, their latest effort to unwind the legal troubles that have dogged Paxton for more than a year.

[…]

In the SEC case, Paxton’s lawyers have argued the allegations represent a “dramatic overreach and lack any basis in law.” The SEC lawsuit, they also say, does not claim he made any false or misleading statements to potential investors in Servergy, a technology startup at the center of both cases.

“Mr. Paxton should not be left to labor under a cloud of suspicion while enduring years of costly discovery to refute claims that are meritless on their face,” Paxton’s lawyers wrote in their June motion to dismiss the SEC lawsuit.

They will get the chance to press that argument at 9 a.m. Friday in federal district court in Sherman before U.S. District Judge Amos Mazzant III. Paxton’s team is being led by Matthew Martens, a former top lawyer for the SEC.

James Spindler, a law professor at the University of Texas at Austin, said he would not be surprised if the court dismisses at least some of the charges before trial. He said SEC lawyers “have their work cut out for them” in specifically proving the charges of fraud, which he called “factually dense inquiries” in the context of a case like this one.

“Overall, it seems a little questionable,” said Spindler, an expert in securities regulation. “It depends really on what the facts are, and they haven’t disclosed a lot of the facts of the case yet.”

See here for the background. Let’s wait and see what the government’s case is before we make any guesses about his odds of success.

In the meantime, this also happened.

The state’s highest criminal court Wednesday morning dismissed all three appeals filed on Texas Attorney General Ken Paxton’s behalf, saying his lawyers neglected to include everything needed on the petitions.

The Court of Criminal Appeals gave Paxton 10 days to add what was missing — a copy of the concurring opinion from the Dallas-based 5th Court of Appeals, which in June rejected Paxton’s request to dismiss criminal charges related to private business deals from 2011 and 2012.

Defense lawyers corrected the mistake a little more than two hours after the court issued the unsigned order, which was opposed by Judges Barbara Hervey and Michael Keasler.

“We inadvertently left off attaching to our petition a copy of the concurring opinion from the court of appeals. We have cured the oversight and have refiled,” Paxton lawyer Philip Hilder said.

The error isn’t expected to significantly delay the handling of Paxton’s appeal.

[…]

A trial on the SEC’s accusations has been tentatively set for Sept. 11, 2017, and is expected to last about two weeks.

Lawyers have said a trial on Paxton’s criminal charges, if upheld by the Court of Criminal Appeals, could take place in the spring of 2017.

An oops, but not a big deal. The schedule information at the end of the story is more interesting. If Paxton isn’t successful in getting charges against him dropped, next year is going to be very busy for him. Judge Mazzant is not expected to rule today, so it will be awhile before we know this part of Paxton’s fate.