TerrierNation

Are you saying the buy out fee increases depending on the length of notice provided? Because if it does not, then the policy sucks. And I'm not saying that from a BU perspective. I'm saying it will end up being a bad policy for the league.

Two years is an impractical period to wait for almost any school in any situation. And it would be very bad for both parties. The way I see it: BU is/was paying 250 K regardless of what they did. (because there was no way we were announcing that in 2 years we are leaving. That would be ridiculous on every level). However, BU should have worked out all schedules with the PL this year and then dropped the bomb on the AE on May 1st of 2013.

That is exactly what SBU will do when they are ready to leave and the league will be worse for it.

NU Hoop Fan

My memory may be rusty, but NU committed to honoring its two year commitment to the AE when we resigned. Georgia State got out of their deal with the A-Sun/TAAC a year early and the CAA wanted us to try and get out of the AE a year early.

Knowing our second year in the AE we would be pretty loaded (Barea's senior year, that team won 19 games in a CAA that sent 2 teams to the NCAAs and 2 teams to the NIT), we were then told by the AE we'd only need to stay one year (and we were eligible).. AND I don't think we had to pay an exit fee - as when we were told we'd only need to stay one year, we said something like... "fine, but we're not paying the $250K because we said we'd stay two years and you're letting us out early."

I could be 100% wrong, but I think that's how NU's situation played out.

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Today is the first day of the next 86 years!

Urban Barrister

That sounds right to me. I certainly don't remember thinking NU had acted without integrity during the process. If accurate, it underscores the fact that Boston very well could've handled things differently, and had they done so the league may have handled things differently, too.

Aceinthehole

I'm not a lawyer so I'll defer to you and Urban Barrister on the legal semantics.

My point, in layman's terms, was that the bylaws do not require notice because there is no legal enforcement mechanism to make them stay the 2 years. BU is not breaching any contract terms by providing less than years notice - they are simply taking the option available to them - leave before 2 years and pay the fine. Can the AE win an injuction in court to REQUIRE Boston U. to stay om the league because they provided less than 2 years notice? I assume the answer is no, therefore I was just suggesting that this notice is not a "requirment" just a factor in determining the exit fee, if any.

Yes, you are right, they could leave without a financial penalty, but they can also chose to leave at at time by simply paying the fine.

Blakely4Prez

+1....and the fact that members who leave are likely to be deemed unable to play for NCAA Bids, if I were any school leaving (read SBU) I would pay the fine and not give 2 years notice. Who wants to be a lame duck for 2 years not being allowed to compete for NCAA Bids?

As far as I'm concerned, I'll say it again, BU knew what they were doing and knew they would not be allowed to compete most likely.

TerrierNation

Why wouldn't they have just accepted behind closed doors until next April and announce then?

Dane96

Ummm...this is a business. Why would it suck if you give 2 years or less notice to have to pay for that right.

You have to pay money to get out of your cellphone contract...a contract that really doesn't hurt a soul if broken. In the conference perspective leaving a league has some serious consequences in scheduling, advertising, media, and potential loss of eligible NCAA teams.

That's pretty big.

Now...if you give three years notice...you likely wouldn't have to pay a thing b/c the conference has time to mitigate the loss.

This is Business 101.

Dane96

Correct, there are no breach of terms. However, this was an agreed to damage provision that is no different than a coach being removed but paid is final year of a contract.

The parties agreed to bylaws that were clear and, of utmost importance, customary to the industry.

BU is a whiny bunch of kids right now...and Lynch is the one who f'd up royally. Let them leave...and don't let the door hit them on the way out. They pretended shock that the AE would stick it to them when indeed it was a strong possibility.

At this point...good riddance, take the divorce, and rebuild.

Aceinthehole

I fully concur. BU made their bed, now they must lie in it. I have no problem with the fine or the championship ban, because it was clearly stated in the bylaws. BU fans just have to accept it.

I just wanted to point out to the remaining fans, that this could have been much worse. This move came as a total suprise to the AE - imagine if BU waited to announce this in June 2013. So in that respect, I think BU did give the league "early notice" because not all schools provide even 1 year notice. As my friends from UMBC remember, they left the NEC on less than 3 months notice to join the AE.

Like a bitter divorce, both parties have to just move on.

TerrierNation

You missed my point. It is more what Ace is talking about. I'm pretty sure I grasp the implications of a school leaving and the impact on revenue and operations.I also understand WHY there is a buy out fee.

I am saying the league buy out fee should be incremental or flexible based on length of notice provided. i.e. 250 k if you give a year notice and 500 K if you give less or something similar.

My point is the policy sucks because the buy out is apparently the same if you give 1 year notice or 1 day notice. This would encourage a school leaving in the future to provide 1 day notice. That appears to be a really bad policy and as Blakely and Ace have pointed out, SBU will burn the league with it someday.

As far as BU, I stand by my point, that it would have been unrealistic and impractical to stay for two years. That said, we were going to pay the 250 K buy out fee. BU is annoyed because, AGAIN, they gave the league advance notice when they should have given a day notice. I don't disagree that Lynch made a mistake in that regard. But I also think he earned his paycheck by getting us into the Patriot League because the punishment is just for a season.

Who has been a whiny child about it? There's general disagreement about the policy. I'm not sure any lawsuit has been confirmed or BU is pushing it any further.

Blakely4Prez

Really? You don't think that something like that wouldn't be leaked with 10 months inbetween. I doubt it, everything always gets leaked and with a 10 month span someone would blow it if they made a "closed door decision"

TerrierNation

Negotiations were ongoing for years and no one knew a thing about it until the day of. Plus, it could have been an informal agreement, i.e (make sure you have a blank date on your schedules PL). And then formally accept/announce May 1st and give the AE like a week of notice.

That's what I would do and I'm betting what SBU will do if they leave.

Blakely4Prez

If SBU leaves, I would make sure they can join the next year and have no wait period and figure that out with whatever league they are joining. That way when they announce it they can pay the buy out and get out of dodge. It's too bad BU didn't do that with the Patriot, because now they are a lame duck in the AE, or they have to work something out with the Patriot which is not guaranteed for the upcoming year.

Dane96

Point 1- Heck, I agree without question with this statement, and I didn't originally understand where you were headed with this. I could tell you this: If I were the AE's outside counsel the clause would have been drafted in a differing manner and in such a way that would hammer a school hard if they left with one year or less notice.

Point 2- I don't understand why it is impractical for them to stay two years. There is nothing impractical. If NU was willing to do it...more power. Business-wise, of course you want to leave quick and the league likely would agree to the same. But you still harp on the BU is annoyed argument. BU made a choice, a choice that had a potential impact...and frankly this is not similar to what NU did; NU had a bit of class about the situation. They gave full-notice and were willing to stick it out. The league must have been ok with it because eventually they let NU out of their requirement.

BU on the other hand seemingly blindsided ALL. My guess based on what is going on now and what we see in the bylaws, is that they came to the annual meeting...played ball...acted as if they were long-term...and bang, dropped of the "divorce" papers to their brethren while they were at the amusement park (proverbial).

The schools basically are saying...FU, you have some sack to do this...so we are going to envoke our damage terms.

Now...BU's punishment is harsh...FOR THE KIDS...the constinuency that pays BU's bills and makes a profit for the school. Lynch's mistake is costing the kids who are contractually obligated to stay at the school barring an outright release.

Point 3- stems of Point 2; Lynch made a massive error in miscalculating that the AE schools were going to be pissed. There is backlash seemingly from students and maybe officials who must be saying, "wow we can't be in the NCAA's without an at-large". So, Lynch comes out and releases a "we may sue" report. Everyone likes to stir the "lawsuit" pot. This was an attempt to force the AE's hands. By playing the "legal" card when the buy-laws are clear makes Lynch out to be a whiny child looking to cover his mistake. No student-athlete will care if he is right or wrong; they will hear "lawsuit" and think the AE is screwing them.

I am going to bet right now...that though I believe BingGrad is ultimately correct and a settlement will occur with BU leaving early, paying the fee, and fall teams participating in championships...some AE AD's and President's are willing to call the legal bluff and pay out 250k in legal fees (likely 1-2 years worth of fees because I don't think discovery is going to be huge in this case).

If I were Albany's attorney, I would be telling McElroy, "Look, you are playing with house-money; the 250k settlement the school will receive in damages isn't going to help the league financially. So...if you want to set a precedent...fight this until you get to about $200k in legal fees...call BU's bluff...and then go to mediation. The $250k you will ultimately receive is pretty much paying for the precedent. The case is pretty straight-forward and while always a risk, a mediator will likely rule in our favor."

The above happens every day and the AE has already painted themselves in the "we will battle you corner" by not releasing BU yet.

TerrierNation

That all makes sense for SBU, but it would not be a good thing at all for the AE. Then you are sitting there May 1st or whatever with 7 teams, not enough for a tournament or scheduling purposes for the following season. That would be a disaster for the league, especially since some have questioned whether NEC schools would even join.

In that circumstance (mostly because you need 8 teams), the waiting period would be a godsend for the league. But they've already signaled to Stony Brook what happens to schools who give advance notice so they will not do that.