NORFOLK, Va. — Old Dominion University and two other schools are still hoping to end their affiliation with Conference USA on June 30, 2022, and then start their journey with the Sun Belt Conference.
With that in mind, ODU issued a statement Monday that started like this: "Conference USA has filed improper arbitration demands against three departing member Universities seeking to litigate the Universities' withdrawal from the conference."
The statement went on to say, "The arbitration demands are unlawful for several reasons and ODU is seeking relief in Norfolk Circuit Court in order to stay and enjoin the proceeding. Once a stay is in place, the parties can discuss any remaining issues related to ODU's move to the Sun Belt Conference."
The first court hearing about the dispute happened Tuesday morning.
In that hearing, a judge sided with ODU and decided to grant a temporary injunction to halt C-USA's legal proceedings. That spans from March 1 through March 16.
Currently, both the Sun Belt and Conference USA released conference football schedules for the fall of 2022, and both include ODU in their respective slates of conference matchups.
The parties are set to meet back in court in the afternoon on March 15.
Virginia Beach attorney Kevin Martingayle, one of the lawyers on Conference USA's legal counsel, argued that ODU's filed injunction ignores the previous contractual agreements between the two parties. He also argued that the school's decision to leave the conference in this manner should not be considered "normal."
With the injunction filed only on Monday of this week, Martingayle also argued that given more time, Conference USA's legal counsel would have more time to develop their legal arguments.
Part of the judge's decision hinged on ODU's eventual likelihood to win an argument in court that C-USA's proceedings "[violate] ODU's sovereign immunity" and constitutional rights, and should be dismissed.
Marshall and Southern Mississippi are the two other schools departing with ODU. Last week, courts in West Virginia and Mississippi issued temporary restraining orders against similar C-USA actions against those two schools.
Six other schools are set to leave Conference USA and move to the American Athletic Association, but those athletic changes won't be reflected in competition until the fall of 2023.