DENVER — Colorado State University and Utah State University have initiated legal action against the Mountain West Conference, claiming that the league is undertaking “unusual and unauthorized measures” to penalize five institutions set to depart for the Pac-12.
In September, Boise State, Fresno State, San Diego State, Colorado State, and Utah State announced their intentions to join the Pac-12 in 2026. The lawsuit, filed in a Colorado state court by Colorado State and Utah State, alleges that the Mountain West, along with its commissioner, Gloria Nevarez, has ignored the conference’s bylaws in an attempt to sanction the departing schools “in a desperate effort to hinder further loss of membership.”
The filing accuses the Mountain West of threatening to withhold substantial amounts of money from the departing schools, including failing to reimburse them for travel and other costs associated with postseason football competitions.
According to the complaint, the disregard for conference bylaws and Colorado law is not a new issue. It contends that the Mountain West is engaging in ongoing efforts to limit the freedom of its members to explore optimal opportunities for their student-athletes while penalizing those who have expressed their intent to leave the conference.
The lawsuit also mentions that the Mountain West may impose exit fees on the departing institutions that could range from three to six times the average amount distributed to conference members in the previous year. This could amount to fees between $19 million and $38 million for each resigning member, despite these penalties having no legitimate correlation to the perceived detriment caused by their withdrawal from the membership.
Represented by the O’Melveny law firm, the plaintiffs stated in a press release that Nevarez and the Mountain West have excluded the five institutions from board meetings and have acted in secrecy to violate their rights as members of the league.
O’Melveny also claims that side agreements have been made by the Mountain West that promise remaining members millions of dollars that are rightfully owed to the five exiting institutions. The lawsuit alleges that the Mountain West has failed to provide board meeting minutes and other corporate documents, thus breaching Colorado laws.
The fracture in the Mountain West arises from the collapse of the Pac-12, which saw almost all its member institutions, except for Oregon State and Washington State, migrate to the Big Ten, Big 12, or Atlantic Coast Conference. As the Pac-12 looked to rebuild, it sought to recruit participants from the Mountain West.
Air Force, Nevada, New Mexico, San Jose State, UNLV, Wyoming, and Hawaii are the seven Mountain West members that have signed a memorandum committing to remain in the conference.