Clemson releases statement following lawsuit against ACC

Clemson remains a member of the ACC, for now, at least.

The institution issued a statement Tuesday in the wake of its filing against the conference, stating it remains a member of the conference but is seeking a court ruling to clarify if the Tigers control their broadcast rights for games if they decided to leave the league. The 28-page complaint was filed Tuesday in Pickens County, South Carolina.

“In this litigation, Clemson seeks confirmation of the plain language found in the Grant of Rights agreements and the related media agreements between the ACC and ESPN – that these agreements, when read together, plainly state that Clemson controls its media rights for games played if it is no longer a member of the ACC,” the statement reads. “Clemson also seeks a ruling regarding the unenforceability of the severe penalty the ACC is seeking to impose upon exiting members and confirmation that it does not owe a fiduciary duty to the conference as alleged by the ACC.

“… Clemson has not given notice that it is exiting the ACC and remains a member of the conference.”

The lawsuit sets the stage for the Tigers to possibly leave the conference, challenging the ACC’s Grant of Rights which binds the league, schools and broadcast partners to the rights deal with ESPN, which expires in 2036.

Clemson is not the first school to file a lawsuit against the ACC.

Florida State is also entrenched in a court battle over the ACC’s Grant of Rights. The Seminoles believe they should be allowed to leave the ACC without penalty, despite agreeing to the grant of rights in 2013. In its lawsuit, Clemson challenges that the ACC’s Grant of Rights “hinders Clemson’s ability to meaningfully explore its options regarding conference membership.”

Tuesday’s filing also noted that the ACC never held a vote requesting its members approve of its lawsuit against Florida State. The Tigers are asking the court to rule that they are not required to pay an exit fee and it does not owe fiduciary duties to the ACC.

“The ACC’s position regarding the Grant of Rights, the exit penalty, and obligations owed by members to the conference, as detailed in its public statements and other court filings, leaves Clemson with no choice but to move forward with this lawsuit,” Clemson wrote in its statement.