Oregon State and Washington State filed the complaint “to confirm the governance structure of the conference, gain access to business information, and protect the conference’s assets,” according to a joint release by Oregon State and Washington State. 

“This is a critical step that allows the two universities to continue to explore all options for preserving the conference going forward, according to Oregon State President Jayathi Murthy and Washington State President Kirk Schulz,” the releases state. 

Oregon State and Washington State are the only two programs remaining in the Pac-12 as 10 former member programs announced plans for conference realignment. Arizona, Arizona State, Colorado and Utah will join the Big 12 Conference in 2024, Oregon, UCLA, USC and Washington will join the Big Ten and Cal and Stanford will join the Atlantic Coast Conference. 

According to the joint releases, the lawsuit “seeks to prevent the Pac-12 from permitting the departing members of the Pac-12 Board of Directors from meeting and attempting to take any action regarding the status or governance of the conference in ways that preclude OSU and WSU from potentially rebuilding the conference.” 

The temporary restraining order against Kliavkoff and the Pac-12 would stop a Wednesday meeting of “current and former members of the Pac-12 board” to vote on a “go forward governance approach,” which would be “in violation of the Pac-12 constitution and by-laws,” according to the releases. 

The meeting or similar actions “would cause immediate and irreparable harm to OSU, WSU, and the conference,” according to the releases. 

“We owe it to our student-athletes, coaches, and fans to do everything in our power to protect the Pac-12 Conference and explore all future options,” Washington State University President and Chair of the Pac-12 Board of Directors Kirk Schulz stated in the releases. “WSU and OSU are working in lockstep to identify the best path forward. The future of the Pac-12 must be determined by the remaining members, not by those who are leaving.” 

According to the releases, “the legal brief filed by OSU and WSU states that the other schools in the Pac-12 forfeited their right to vote on conference matters when they announced their withdrawal from the league.” 

The temporary restraining order would allow Oregon State and Washington State “to make reasonable business decisions for the conference while continuing to seek collaboration and consultation with departing universities on any ultimate financial decisions,” according to the releases. 

“As the two remaining member institutions of the Pac-12, we are stepping forward with urgency to safeguard the integrity of the conference and preserve its legacy on behalf of student-athletes, fans and the conference itself,” Oregon State University President Jayathi Murthy stated in the releases. “We’ve heard the voices of constituents at home and from across the West about how much the Pac-12 and our regional rivalries mean to them. We are linking arms and fighting on their behalf.”

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According to John Canzano, ESPN offered the conference a deal in fall 2022 that included the Pac-12’s full media rights and production costs as well as the Pac-12 Network for $30 million per program. The Pac-12 believed it “could do much better” according to Canzano. 

Pac-12 commissioner George Kliavkoff countered ESPN’s offer with a $50 million per-school plan, and ESPN responded with, “goodbye,” according to Canzano. 

The ESPN media deal represents a drastic change of direction that the Pac-12 has seen in recent weeks. Kliavkoff presented conference presidents and chancellors with an Apple TV-centered media agreement at $23 million per program that would’ve required subscription plans. 

When the Pac-12 met Aug. 4 to sign, and some believed they would figuratively do so “in blood,” their Grant of Rights, it did so before five additional programs announced plans to exit the conference for either the Big Ten or the Big 12. 

The latest round of expansion has left the Pac-12 with four member programs: Cal, Oregon State, Stanford and Washington State. 

Fox wasn’t chomping at the bit to pursue a media agreement with the Pac-12, according to Canzano. 

Once the Big Ten pursued the additions of Oregon and Washington, Fox, which is included in the Big Ten’s recently signed media deal in 2022, stood pat with the Pac-12 while the Ducks and Huskies agreed to receive a full share of the Big Ten’s “subsequent TV negotiation (in 2030)” according to Canzano. 

What’s left of the Pac-12 remains to be determined regarding its four programs. It could merge with the Mountain West Conference, something the latter has been receptive to and is reportedly “on standby” while other conferences such as the Atlantic Coast Conference decides its role in further conference realignment.

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According to Kyle Bonagura of ESPN, there “is a widespread expectation that Oregon State and Washington State would move to the MWC” if Cal and Stanford move from the remaining Pac-12 Conference into the Atlantic Coast Conference. 

On the other hand, if the ACC doesn’t expand and add Cal and Stanford from the Pac-12, then it becomes less clear according to Bonagura. 

Bonagura reported that Mountain West commissioner Gloria Nevarez said the conference will be ready to go in a direction that results from what the ACC does and what Cal and Stanford decide for their futures. 

The ACC hit “roadblocks” on its way to potentially adding Cal and Stanford earlier this week. The reasoning for the obstacles ahead of the conference may’ve been due to the weight of adding such programs and even possibly Southern Methodist University of the American Athletic Conference. 

Nevarez told Bonagura that “a lot of it is just trying to sort fact from fiction” and working with conference leaders to determine the best course of action for the Mountain West. 

Among the remaining possibilities could also include the Pac-12 merging with the Mountain West. The Mountain West is “receptive” to this potential pairing according to Ross Dellenger of Yahoo! Sports. 

Another route could be the Mountain West expanding to include Cal and Stanford in all sports other than football, according to Bonagura. 

Bonagura also reported there is “almost no chance” that nine of the 12 programs in the Mountain West vote to dissolve the conference and rid each program of the required $34 million buyout.

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