Were Nevada's and Fresno's Actions Unethical?

[falafel]

Okay, per creekster's timeline who was unethical:

1) Some time ago BYU votes to accept Nevada and Fresno into the MWC;

2) BYU surreptitiously approaches Karl Benson and the Utah State administrators, proposing to join the WAC if all teams (including aforementioned Nevada and Fresno) submit to a $5 million buy out;

3) The BYU initiated proposal is made to Nevada and Fresno;

4) Nevada and Fresno rat BYU out to their other MWC suitors;

5) The MWC promptly makes the aforementioned executory offer to Nevada and Fresno previously approved by BYU, and they promptly accept;

6) The music stops, one chair left, and Utah State and its erstwhile pal BYU are the last standing; bigger nastier BYU pushes Utah State away and grabs it.

Who is unethical per creekster's scenario?

You left out a pretty important detail in there, Emperor. After the "BYU initiated proposal" was made, Nevada and Fresno accepted that proposal. Then they went and used it to their advantage by ratting out their conference to the WAC.

[SeattleUte]

BTW, nothing about BYU's unethical behavior in this whole sordid business has surprised me at all.

[falafel]

Nothing wrong with BYU trading on confidential information, though, was there.

What confidential info is that?

[Jacob]

May I analogize for a moment?

Your company, Ethical, Inc., is the main supplier of widgets for Microsoft. Your competitor, Unethical, Inc., wants to be the supplier for Microsoft, but they know they can't be as long as Microsoft has confidence in Ethical, Inc.

Ethical Inc enters a nondisclosure agreement with Unethical, Inc in which Ethical proposes a joint venture with Unethical regarding Unethical's major client, Apple. In order to keep unethical in the deal Ethical insists, and Unethical agrees, that Unethical commits to the new joint venture, that it won't go after the Microsoft account and agrees to pay liquidated damages of $5m if they jump ship.

Having agreed to the above, unethical approaches Microsoft late one night and quickly enters into a contract with Microsoft, backs out on the Apple deal, and declares that it has no intention of paying the $5m.

Nevada and Fresno are Unethical Inc. And if you don't think that is unethical, then you are an idiot! It's in the company name!

Yes, after typing all that I realize what a waste of time this all was.

[jay santos]

May I analogize for a moment?

Your company, Ethical, Inc., is the main supplier of widgets for Microsoft. Your competitor, Unethical, Inc., wants to be the supplier for Microsoft, but they know they can't be as long as Microsoft has confidence in Ethical, Inc.

Ethical Inc enters a nondisclosure agreement with Unethical, Inc in which Ethical proposes a joint venture with Unethical regarding Unethical's major client, Apple. In order to keep unethical in the deal Ethical insists, and Unethical agrees, that Unethical commits to the new joint venture, that it won't go after the Microsoft account and agrees to pay liquidated damages of $5m if they jump ship.

Having agreed to the above, unethical approaches Microsoft late one night and quickly enters into a contract with Microsoft, backs out on the Apple deal, and declares that it has no intention of paying the $5m.

Nevada and Fresno are Unethical Inc. And if you don't think that is unethical, then you are an idiot! It's in the company name!

Yes, after typing all that I realize what a waste of time this all was.

I tried. Too complicated for a Friday afternoon.

[Hot Lunch]

You left out a pretty important detail in there, Emperor. After the "BYU initiated proposal" was made, Nevada and Fresno accepted that proposal. Then they went and used it to their advantage by ratting out their conference to the WAC.

So where is it that I can find that Fresno and Nevada ratted out their deal? Or is this just assumptions?

[ERCougar]

You left out a pretty important detail in there, Emperor. After the "BYU initiated proposal" was made, Nevada and Fresno accepted that proposal. Then they went and used it to their advantage by ratting out their conference to the WAC.

Which is only unethical if there was some understanding of confidentiality. If leaving the agreement was not an expected option, why include an exit clause?

[SeattleUte]

What confidential info is that?

BYU clearly approached the WAC (with Utah State its dupe or shill) knowing that the MWC had voted to accept Nevada and Fresno, and worked actively to thwart the MWC's objective.

Seriously, BYU doesn't deserve to be in a North Korean conference.

If BYU were a lawyer it would be disbarred.

[EuropeanFootballMale]

Ethical Inc enters a nondisclosure agreement with Unethical

Here's where the anology breaks down IMHO

[Flystripper]

Which is only unethical if there was some understanding of confidentiality. If leaving the agreement was not an expected option, why include an exit clause?

many contracts have a liquidated damages clause but it does not mean that signing a contract with the intent to break it is not fraud

[Jacob]

Okay, per creekster's timeline who was unethical:

1) Some time ago BYU votes to accept Nevada and Fresno into the MWC;

2) BYU surreptitiously approaches Karl Benson and the Utah State administrators, proposing to join the WAC if all teams (including aforementioned Nevada and Fresno) submit to a $5 million buy out;

3) The BYU initiated proposal is made to Nevada and Fresno;

4) Nevada and Fresno rat BYU out to their other MWC suitors;

5) The MWC promptly makes the aforementioned executory offer to Nevada and Fresno previously approved by BYU, and they promptly accept;

6) The music stops, one chair left, and Utah State and its erstwhile pal BYU are the last standing; bigger nastier BYU pushes Utah State away and grabs it.

Who is unethical per creekster's scenario?

No 1 didn't happen. So the rest of your post is crap.

[ERCougar]

many contracts have a liquidated damages clause but it does not mean that signing a contract with the intent to break it is not fraud

Sure, but it seems like "liquidated damages" is something different than an exit penalty, which to me seems more like an exit clause. Of course, I'm not an attorney and have no idea what I'm talking about.

[creekster]

Okay, per creekster's timeline who was unethical:

1) Some time ago BYU votes to accept Nevada and Fresno into the MWC;

I didnt say that and there si no evidence of it. Instead, the only evidence is that he invite was approved when BYU was not on the call. It is likely BYU discussed these members, but no invite was extended. That is precisel,y why BYU wanted to assure theiur commitment to staying in the WAC.

2) BYU surreptitiously approaches Karl Benson and the Utah State administrators, proposing to join the WAC if all teams (including aforementioned Nevada and Fresno) submit to a $5 million buy out;

3) The BYU initiated proposal is made to Nevada and Fresno;

Not just made to these fine jewels of schools, but also accepted and signed by them, except somehow UNR, who said it agreed, managed to lose its signature, or somethign like htat. Maybe the dog ate it.

4) Nevada and Fresno rat BYU out to their other MWC suitors;

No, AFTER agreeing and AFTER commiting they go to the MWC and tell the MWC what is happenign and state they would accept invites if they were extended despite the representations they had made to the WAC specifically to induce BYU to make its move.

5) The MWC promptly makes the aforementioned executory offer to Nevada and Fresno previously approved by BYU, and they promptly accept;

BYU didnt approve. BYU wasnt there when the approval was given. Moreover BYU's intent to go inde was the subject of the discussion BEFORE the approval was given in BYU's absence, according to the report of the call.

6) The music stops, one chair left, and Utah State and its erstwhile pal BYU are the last standing; bigger nastier BYU pushes Utah State away and grabs it.

Nice summation but it is based on a SU fantasy, not the reality.

[falafel]

So where is it that I can find that Fresno and Nevada ratted out their deal? Or is this just assumptions?

Who else would have done it? USU? No way. I think its pretty safe to assume that the ones who benefited from destroying BYU's plans are the ones who leaked it.

[pellegrino]

It is all assumption. I am under the assumption that they didn't know the invites were coming. If they did, no way in hell would they sign off on a 5 million dollar penalty if they leave. If they did, they are complete idiots.

that's a poor assumption. remember that Nevada allegedly didn't sign off on the 5 mil penalty