Clemson University is set to take a major step in its planned attempt to leave the Atlantic Coast Conference (ACC). According to Pete Nakos of On3.com, the Clemson brass will be filing a lawsuit against the ACC, joining Florida State in their bid to break their contract with the conference in preparation for conference realignment.
The contract the ACC-partner universities signed has a grant of rights stating that they must stay as a member of the conference until 2036 due to existing media obligations with ESPN. This aforementioned grant of rights means that the ACC holds the rights to broadcast member schools' home games; this is a particular point of contention that both the Clemson and Florida State contingent intend to challenge in court.
In the end, Clemson's bid to leave the ACC boils down to control of media rights and the subsequent monetary gain/loss that may come as a result of their planned departure from the conference. The Tigers contingent, with their lawsuit, is aiming to regain control of media rights to the university's games without being required by the ACC to pay an exit fee (member schools have to pay a nine-figure sum to secure an exit from the ACC before 2036).
For Clemson, their lawsuit states that the ACC's Grant of Rights “hinders Clemson’s ability to meaningfully explore its options regarding conference membership” and that this hinders them from protecting and advancing “its interests, or the interests of its student-athletes, in current and ongoing negotiations within the Conference, with the Conference’s existing media partner ESPN, and in collegiate athletics more generally”.
ACC responds to Clemson's lawsuit
The ACC's Grant of Rights, according to the lawsuit Clemson filed, is hindering them from pursuing “a wide range of strategic alternatives that may be necessary for its continued success in collegiate athletics and as an institution”. This means that they do not have the desired leverage when it comes to talks of which conference they'll be partnering with next.
After Clemson filed the lawsuit, the ACC released a lengthy statement:
“The AC remains confident that its agreements with all its members will be affirmed by the courts. Clemson, along with all ACC members, voluntarily signed and re-signed the 2013 and 2016 Grant of Rights, which is binding through 2036. In addition, Clemson agreed to the process and procedure for withdrawal. The Conference's legal counsel will vigorously enforce the agreement and bylaws in the best interests of the ACC's current and incoming members.”
The Florida State and the ACC contingents will be facing off in court for the first time on March 22; now, FSU will have another prominent university in the trenches with them as they aim to break free from the grasp of their current conference.
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