Texas attorney general Ken Paxton sent a letter to Big 12 commissioner Brett Yormark and board of directors chairman Douglas Girod on Thursday, notifying the league that it would be exposed to "substantial liability" if it takes action against Texas Tech for playing quarterback Brendan Sorsby.
The Big 12 Conference's presidents met Thursday to discuss whether the league can invoke Bylaw 3.6 to sanction the Red Raiders if they decide to play Sorsby, who was declared ineligible by the NCAA for wagering on college sports. Texas Judge Ken Curry granted Sorsby a temporary injunction to play for the Red Raiders on Monday. The NCAA plans to appeal the ruling.
"We are aware that the Big 12 is considering invoking Bylaw 3.6 of the Big 12's Bylaws to sanction Texas Tech for respecting the Order and continuing its support of Mr. Sorsby as a student-athlete," Paxton wrote in the letter. "This letter serves to notify the Big 12 that any such action would be unlawful and would expose the Conference to substantial liability."
Big 12 athletic directors also held a conference call with Yormark on Tuesday, in which the league's other 15 universities unanimously opposed the Red Raiders playing Sorsby this season.
TCU athletic director Mike Buddie and Kansas State AD Gene Taylor have suggested that the league's other teams might not play Texas Tech this season if Sorsby plays.
"Shortly before the start of [Thursday's] Big 12 Executive Board meeting, the Conference received a letter from the Texas Attorney General's office notifying the Conference of potential legal action from Texas Tech if the Conference pursues certain actions under its Bylaws," read a statement on behalf of Yormark. "We are taking time with our legal counsel to understand the concerns of the state and will meet again with the full Board next week. We moved forward with our Executive Board today in preparation for our full Board meeting on Monday. We had a good and informative discussion. Sentiment among the Executive Board was no different from what we heard from the ADs earlier this week. Our discussion with the full Board will determine our course of action, and all options remain on the table."
In the letter, Paxton warned that the Big 12 would be exposed to damages for "Texas Tech's lost football revenues, damages to its alumni contributions and damages to its recruitment, plus attorneys' fees."
"The total exposure -- for both the Big 12 and its members, joint and severally -- will be substantially more than $200 million," Paxton wrote.
If the Big 12 takes action against Texas Tech, Paxton suggested the league would face antitrust exposure, liability for breach of contract and tortious interference.
"Any sanction that results in the cancellation, forfeiture or alteration of Texas Tech's as-scheduled games would constitute a breach of the Big 12's contractual obligations to Texas Tech," Paxton wrote. "Additionally, any action that disrupts or interferes with Texas Tech's existing or potential contracts associated with its football team -- including sponsorship arrangements, ticket-sale commitments, alumni contributions, and other commercial arrangements -- would give rise to claims for tortious inference with existing or prospective contractual arrangements."
In a separate letter to the Big 12 on Thursday, Sorsby's attorney, Jeffrey Kessler, reminded the league that it is bound by Curry's order as an "entity 'in active concert or participation'" with the NCAA.
ESPN obtained a copy of the letter.
"Any attempt by the Big 12 to circumvent the Order -- including by sanctioning Texas Tech University ("Texas Tech") under Bylaw 3.6 of the Big 12's Bylaws, encouraging or facilitating its member schools to boycott Texas Tech football or Texas Tech athletics more broadly or otherwise taking steps to prohibit Mr. Sorsby from 'practicing, playing, or otherwise participating on Texas Tech's football team for the 2026 football season'-- would violate and be in contempt of the Order," Kessler wrote.
While Kessler wrote that Sorsby hoped to avoid further litigation, he requested that the Big 12, its member schools and their administrators preserve all documents and electronically stored information, including communications with the NCAA, related to Sorsby.
"What does it say about the Big 12 if it decides to lawlessly violate a court order?" Kessler wrote. "What message does it send to its students if its response to a lawful court order is to be contemptuous of its terms? One would expect something more honorable from the Conference and its member schools."
Big 12 Bylaw 3.6 allows for the conference to sanction a member with a supermajority vote of disinterested directors after "representatives of the Member(s) that are subject of such vote has been given reasonable prior notice and the reasonable opportunity to be present and to be heard."
Among other reasons, the bylaw allows for the Big 12 to discipline a member for being "engaged in any action or a course of conduct materially adverse to the best interests of the Conference taken as a whole."
The bylaw allows for the disinterested directors to "be empowered to determine whether any Sanctions are appropriate, the type, extent, and conditions to any Sanctions imposed." The bylaw also allows for discipline that includes "prohibitions on appearance in postseason events or televised events, restrictions on revenue distributions, and limitations on recruiting or scholarships."
"Texas Tech is confident the Big 12 will choose to act within the confines of the law and respect both the judicial process and its own Rules and Bylaws," Paxton wrote. "However, should the Big 12 seek to sanction Texas Tech for acting consistent with the Order, Texas Tech will pursue all legal avenues to protect its interests and those of Texas Tech's student-athletes."
