Virginia will not vote YES to expansion

[Buddha]

From Wednesday's Washington Post:

Virginia Will Not Vote 'Yes' For ACC
School's Ballot Key to Expansion

By Josh Barr
Washington Post Staff Writer
Wednesday, June 18, 2003; Page D01

Under considerable political pressure to protect the interests of in-state rival Virginia Tech, University of Virginia officials have informed ACC leaders that they cannot be the decisive seventh affirmative vote in the league's attempt to expand to 12 teams, according to two sources familiar with negotiations.

ACC university presidents will convene via conference call this morning, but the league yesterday released a statement saying a final vote on adding Big East members Miami, Boston College and Syracuse may not occur "until late this month."

The situation almost certainly will be resolved one way or another before June 30, when the exit fees for the withdrawing Big East schools double from $1 million to $2 million, if they move for the 2004-05 school year as anticipated.

Because the ACC needs seven of nine members to approve inviting new schools, Virginia's stance would seem to put additional pressure on North Carolina and Duke, which have been steadfast in their opposition to expansion, according to numerous sources.

However, there is another possibility: Three sources said that ACC leaders have asked their lawyers to examine the ACC Constitution and Bylaws, which stipulate that amendments can occur "at any regular or special meeting by two-thirds [six of nine] of the members." That means the six pro-expansion presidents could amend the bylaw concerning expansion to lessen the necessary votes to six.

There is, however, a stipulation that any "proposed amendment shall be submitted, in writing, four weeks before the meeting, through the commissioner to the Constitution and Bylaws Committee for reviews. The commissioner shall send complete copies of the proposed amendment to all members at least 15 days before the meeting."

Changing the constitution is considered a dramatic move by some sources. They expect that before that happens, at least one university president will depart from what have been described as cordial discussions to try to powerfully persuade counterparts to change their vote.

"I think some presidents are going to try to exert some leadership the next couple of days," one source said last night. "I believe there is greater potential for some of that paying off than by tinkering with the rules. I'm hoping the diplomatic measures will be fruitful."

Said another source: "Whatever it takes, don't you think they would try to make it work? Why trot us out to the three schools [for well-publicized site visits] and all that? They're probably going to have a very serious conversation about how we got so far out here and what changed. . . . Expect a lot of arm-twisting."

Perhaps, but ACC Commissioner John Swofford and others are believed to have tried a similar approach for the past week without success.

ACC university presidents last month voted 7 to 2 to pursue expansion, with Duke and North Carolina in opposition and Virginia among the expansion supporters. However, after Virginia Tech was not one of the Big East schools the ACC pursued, Virginia Gov. Mark R. Warner has tried to wield his influence to ensure Virginia Tech's position in major college athletics. Virginia Attorney General Jerry Kilgore has assumed representation for Virginia Tech in its part of a lawsuit against Miami, Boston College and the ACC.

Virginia President John Casteen is believed to support expansion, but the pressure to look out for Virginia Tech will prevent him from voting accordingly if his is the crucial seventh vote, sources said.

"We have the seven votes," one source said. "The seventh vote can't vote what they want. So it throws you back into Duke and Carolina mode."

Another source said: Virginia is "having a very hard time, but the fact that it all hasn't been resolved yet means things are still possible. That is a problem, though, the local politics there in the state."

While many around the league are sympathetic to Virginia's situation, they are growing frustrated with Duke and North Carolina, several sources said.

Conference athletic directors have been working with league officials to hammer out details surrounding expansion, such as divisional alignments and travel schedules, sources said, preparing for the presidents to reach a conclusion. The ACC yesterday retained the services of North Carolina's largest public relations firm -- French West Vaughan -- in an attempt to improve its image in the expansion debate, firm president and chief executive officer Rick French said.

Duke officials have informed the league that they are satisfied with the status quo and likely will not modify their position unless convinced otherwise. North Carolina also has been resolute, although Chancellor James Moeser appeared to leave an opening when he spoke with faculty leaders Friday, saying that the risk of not expanding must be weighed.

"They could always change," one source said. "It's not that they said, 'No, that's the end of it.' They sort of toy with it. It makes me wonder if they think the best defense is to drag this out forever and let it die a slow death.

"I don't think Virginia has a choice. And the other two will talk to you about it all you want. If you want to talk to them for the next two months, I'm sure they'll talk about it."