Three departing Mountain West members — including Boise State — file updated lawsuit, allege fraud

Boise State, Colorado State, Fresno State, San Diego State and Utah State leaving for Pac-12 in 2026

Mountain West Conference | Kevin Lytle/Staff via Imagn Content Services, LLC

Boise State, Colorado State and Utah State filed an updated lawsuit against the Mountain West and commissioner Gloria Nevarez last week. 

The three schools argue that the MWC improperly withheld tens of millions of dollars — including the Broncos’ 2024-25 College Football Playoff money — and that Nevarez “intentionally and fraudulently” ignored the conference’s bylaws by removing membership rights of the departing schools. 

Boise State, Colorado State, Fresno State, San Diego State and Utah State are all leaving the MWC for the Pac-12 next summer to link up with current members Oregon State and Washington State, Gonzaga of the West Coast Conference and Texas State of the Sun Belt. 

“These developments have had a serious financial impact on the departing institutions and raise important questions about governance and accountability within the conference,” the departing schools said in a joint statement. “We believe the discovery process will further illuminate the extent of the Mountain West and commissioner Nevarez’s wrongful actions. We remain committed to protecting our rights and, most importantly, the interests of our student-athletes.”

Boise State, Colorado State and Utah State are seeking millions in damages from the MWC.

“We remain confident in our legal position, which we will vigorously defend,” the MWC said in a statement released last week.

Gloria NevarezMountain West commissioner Gloria Nevarez. | Jim Krajewski/RGJ / USA TODAY NETWORK

The lawsuit alleges that the MWC’s exit fees are unlawful and unenforceable. The MWC is seeking between $19 and $38 million in exit fees from each departing school. 

Boise State, Colorado State and Utah State also argue that the MWC and Nevarez misled them about a plan to admit Grand Canyon to the conference one year early. The Lopes will compete in the MWC during the 2025-26 athletics season alongside the five departing schools. 

The Pac-12 is also suing the MWC over $55 million in poaching penalties that were included in a football scheduling agreement between the two conferences for the 2024 season. 

Back in December 2023, the MWC and remaining Pac-12 members Oregon State and Washington State agreed to a scheduling partnership for the 2024 season that included an option for 2025. The Pac-12 had lost 10 of its 12 members to the ACC, Big Ten and Big 12, leaving behind the Beavers and Cougars.

The MWC announced last September that the scheduling agreement would not be renewed. One week later, Boise State, Colorado State, Fresno State and San Diego State all agreed to join the Pac-12. Utah State came aboard near the end of the month, followed by Gonzaga and Texas State. 

After adding the first four MWC schools, the Pac-12 filed a lawsuit over the legality of the poaching penalty. The two sides are scheduled to return to court next month. 

The Pac-12 believes the poaching penalties are “invalid and unenforceable.”