Could the refitted Pac-12 already be in trouble with incoming schools?

The Pac-12 is hitting a roadblock in trying to finalize the expansion of the conference.
Oct 25, 2022; San Francisco, CA, USA; Deputy commissioner Teresa Gould speaks during Pac-12 Women's Basketball Media Day at the Pac-12 Network Studios. Mandatory Credit: Kirby Lee-Imagn Images
Oct 25, 2022; San Francisco, CA, USA; Deputy commissioner Teresa Gould speaks during Pac-12 Women's Basketball Media Day at the Pac-12 Network Studios. Mandatory Credit: Kirby Lee-Imagn Images | Kirby Lee-Imagn Images

After the mass exodus of teams a few years ago, the Pac-12 has slowly been trying to rebuild itself, and finally, after getting a few more teams from the Mountain West to join, the conference is able to return to power status again, well, maybe.

The Pac-12 and Mountain West are now headed to court, as the conferences were unable to reach a settlement in their legal dispute over exit fees and poaching penalties. The Pac-12 is planning to add five schools from the Mountain West to its conference, creating the dispute. The two conferences have made a joint filing as of Tuesday, July 14, to ask for a hearing on September 9.

Boise State, Colorado State, Fresno State, San Diego State, and Utah State are all planning to leave the Mountain West to join the Pac-12. The Mountain West is seeking $55 million in penalties, saying that the Pac-12 broke the terms of their scheduling agreement they have in order to help Oregon State and Washington State build 12-game football slates after they were the only teams left in the conference.

This means that instead of being able to settle the dispute outside of court, they will take their case to a judge for the potential September 9 hearing. This could result in the Pac-12 being forced to pay the fees, or not own a cent to the Mountain West.

The penalties that the Mountain West is demanding come from a clause in the scheduling agreement, where if the Pac-12 tried to add a school from the Mountain West, the conference would owe $10 million in poaching fees. There is also an escalator in the course that costs $500,000 for each school after the first, hence the total comes out to $55 million.

Will the schools still be able to join the Pac-12?

As of right now, the five schools are still scheduled to join the Pac-12 in 2026, but they must pay an exit fee first, which is currently starting at $19 million for each school. That is almost as much as schools are getting in revenue-sharing money.

These five schools are not the only ones scheduled to join as Gonzaga, which does not have a football team, and Texas State have also announced their intention to join the once Power Conference.