OVC Sues Two Exit Schools

[DFW HOYA]

The schools didn't pay their exit fees.

https://apnews.com/article/sports-kentucky-4e0acc60f71b345ec52ca95ecb4385c5?utm_medium=AP_Top 25

[ElCid]

The schools didn't pay their exit fees.

https://apnews.com/article/sports-kentucky-4e0acc60f71b345ec52ca95ecb4385c5?utm_medium=AP_Top 25

Wonder if they found a loophole they are keeping mum about or they just want to hold onto the cash a little longer and are dragging their feet.

[Cocky]

Not an expert but I dont believe Alabama law will allow a state school pay an exit fee. If it go to state court the OVC may have a tough time.

[ElCid]

Not an expert but I dont believe Alabama law will allow a state school pay an exit fee. If it go to state court the OVC may have a tough time.

Really? Lots of state government entities enter into contracts. Not sure that being a state school matters, but you would think that conference lawyers would have investigated that and ensured that it would be valid s long time ago. Since the OVC is multi state, it would eventually end up in federal court. And maybe that is what they want, simply to drag it out to keep the money a little longer. They have lawyers on payroll anyway. Unless there are interest and penalties involved, it should not cost much to delay.

[Sir William]

Speaks volumes about the character (specifically lack thereof) of the administrations of Jacksonville State and EKU.

[The Cats]

Speaks volumes about the character (specifically lack thereof) of the administrations of Jacksonville State and EKU.

I totally agree. It should also hurt the ASUN's effort to bring in that 6th member, who wants to be associated with a couple of freeloaders?

You could understand either school trying to get out of the exit fees IF they had voted against them in the first place, and neither did, they both voted for the time limits and the exit fee for departing members of the conference.

It's certainly looks bad for the ASUN in my perspective.

[Libertine]

https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.pinterest.com%2Fpin%2F469359 592396662554%2F&psig=AOvVaw0HboOtymJ0gYtvqAtlpuhS&ust=1628179967754000&source=images&cd=vfe&ved=0CAsQjRxqFwoTCLiPspjhl_ICFQAAAAAdAAAAABAJhttps ://i.pinimg.com/564x/dc/cb/85/dccb856bd728c50c101df17af7cf8262.jpg

[Laker]

Pay the money. You voted in the rules, you should follow them. What would be the excuse for not paying them, they weren't evicted.

[WestCoastAggie]

Speaks volumes about the character (specifically lack thereof) of the administrations of Jacksonville State and EKU.

I don't know. Breakups like this are generally hardly ever amicable. I can detail these kind of things regarding MEAC history as an example. And let's not forget MD's split from the ACC.

[WestCoastAggie]

I totally agree. It should also hurt the ASUN's effort to bring in that 6th member, who wants to be associated with a couple of freeloaders?

You could understand either school trying to get out of the exit fees IF they had voted against them in the first place, and neither did, they both voted for the time limits and the exit fee for departing members of the conference.

It's certainly looks bad for the ASUN in my perspective.

I think the presidents within the ASun, OVC, EKU, and JSU along with their legal counsel began to get aggressive during negotiations and won't back down from their stances.

[clenz]

Not an expert but I dont believe Alabama law will allow a state school pay an exit fee. If it go to state court the OVC may have a tough time.
I'd like the law cited.

[Libertine]

I'd like the law cited.

Presumably, JSU is relying on Alabama Code 8-1-1.

The university is claiming that (A), since the exit penalty is part of the OVC constitution, it isn't a legally signed contract with a representative of the institution and (B), that the early exit fee amounts to a penalty clause. Punitive clauses in contracts are generally unenforceable in English law -- which most of the American legal contract system is based upon -- and specifically in some states, Alabama among them, as being against public policy.

The OVC claims that the conference constitution IS a contract as ratified by the conference member presidents and its enforceability is evidenced by the fact that Samford paid the penalty when they left for the SoCon.

The Anniston Star has the full text of the OVC lawsuit which includes a letter from JSU general counsel stating that they won't pay.

https://www.annistonstar.com/sports/jsu/ovc-says-jsu-has-to-pay-up-to-leave-league-jsu-says-alabama-law-says/article_73ec59b0-f486-11eb-b33f-33c90849e803.html#utm_campaign=blox&utm_source=twitter&utm_medium=social

[ElCid]

Presumably, JSU is relying on Alabama Code 8-1-1.

The university is claiming that (A), since the exit penalty is part of the OVC constitution, it isn't a legally signed contract with a representative of the institution and (B), that the early exit fee amounts to a penalty clause. Punitive clauses in contracts are generally unenforceable in English law -- which most of the American legal contract system is based upon -- and specifically in some states, Alabama among them, as being against public policy.

The OVC claims that the conference constitution IS a contract as ratified by the conference member presidents and its enforceability is evidenced by the fact that Samford paid the penalty when they left for the SoCon.

The Anniston Star has the full text of the OVC lawsuit which includes a letter from JSU general counsel stating that they won't pay.

https://www.annistonstar.com/sports/jsu/ovc-says-jsu-has-to-pay-up-to-leave-league-jsu-says-alabama-law-says/article_73ec59b0-f486-11eb-b33f-33c90849e803.html#utm_campaign=blox&utm_source=twitter&utm_medium=social

On the flip side the OVC could claim since there isn't a contract, that they don't have to pay any tv, etc revenue. I bet these schools took some revenue, no? Also, although they make no distinction about it, Samford is private.

Thanks for posting this. It's about what I envisioned. It is a legal stretch in my mind. Morally, it is an abomination. And people wondered why we wouldn't take the likes of JSU in the SOCON. I actually thought better of them. Oh well.

[walliver]

I wonder what the ASUN thinks knowing that JSU has no intention of adhering to any conference rules. Obviously if the OVC constitution is not binding, the ASUN constitution would be treated likewise.