Clemson Sues ACC over Grant of Rights, Withdrawal Fee Following FSU's Lawsuit
March 19, 2024
Clemson has become the second ACC program, after Florida State, to file a lawsuit against the conference.
According to the court filing, the school is suing the ACC over its grant of rights and the enforceability of withdrawal fees, though Clemson said in a statement that it has not told the conference it is seeking an exit:
The conference responded to the lawsuit by saying, in part: "The ACC remains confident that its agreements with all its members will be affirmed by the courts."
Florida State's board of trustees unanimously voted to sue the ACC over its grant of rights and the $130 million withdrawal fee in December.
The move by Florida State came after the football team was left out of the College Football Playoff despite a 13-0 record in the regular season and a 16-6 win over Louisville in the ACC Championship Game.
Florida State is seeking a declaratory judgement against the conference to void the grant of rights and withdrawal fee with its eventual goal believed to be leaving the ACC.
In a countersuit filed in North Carolina by the ACC against the Florida State board of trustees, the conference claims the school can't challenge the grant of rights it had signed and the issues should be decided in the state where the conference is located.
The Seminoles filed an amended complaint on Jan. 29, alleging the conference engaged in "self-dealing" under former commissioner John Swofford stemming from media rights deals he made to help his son and cost member schools "millions of dollars" in the process.
Clemson's main argument in its lawsuit is the ACC is preventing the university from pursuing a "wide range of strategic alternatives that may be necessary for its continued success in collegiate athletics and as an institution."
The school also highlighted the vast difference between the ACC's withdrawal fee compared to those of other Power Five conferences.
Per Stewart Mandel of The Athletic, Clemson's lawsuit is slightly different than Florida State's because it argues the grant of rights only applies while a school is a member of the ACC and shouldn't carry over if it leaves the conference.
The ACC submitted a filing on Feb. 16 asking a Florida court to either pause Florida State's lawsuit or dismiss the case altogether. There is a court appearance scheduled for March 22 at Mecklenburg County Superior Court in North Carolina.
Per The Athletic's Nicole Auerbach, it's been an open secret that Clemson has been looking into the ACC's grant of rights "for years" before filing the lawsuit.
Clemson is one of the original members of the ACC, having been a part of the conference since 1953.