Attorney General Ken Paxton has sent a letter to the Big 12 Conference warning against sanctioning Texas Tech over playing quarterback Brendan Sorsby.
Sorsby’s eligibility had been revoked by the NCAA after it came to light that he had been betting on Indiana football while he was on the roster. The NCAA has a stringent policy against any players or coaches placing bets of any kind on their own team’s games. Penalties for sports betting range from forfeiture of 30 to 50 percent of the season, to permanent disqualification.
Sorsby recently won a court order blocking the NCAA from revoking his eligibility and allowing him to play this upcoming season after a two-game suspension. Judge Ken Curry found that Sorsby had a probable right to relief on claims including breach of contract, breach of the duty of good faith and fair dealing, and breach of fiduciary duty, and therefore granted a temporary injunction.
The Big 12 held a call after the ruling to see if it could invoke Section 3.6 of the conference’s bylaws to sanction Texas Tech, citing the fact that the university is acting against the best interests of the conference. Texas Christian University and Kansas State officials have both suggested that other universities in the Big 12 will not play if Sorsby is allowed to remain on Tech’s roster.
Now, Paxton has published a letter to the Big 12 Board of Directors on behalf of Texas Tech stating that any effort to sanction the university via Section 3.6 of the conference’s bylaws “would be unlawful and would expose the Conference to substantial liability.”
Paxton has warned the Big 12 that any action resulting in the cancellation, forfeiture, or alteration of Texas Tech’s schedule will constitute a breach of contract.
“Texas Tech acted consistent with a lawful court order and no athletic conference has the right to punish a member institution for respecting the judicial process,” stated Paxton. “Antitrust laws exist to prevent exactly this type of illegal coordinated effort to harm a competitor. Any attempt by the Big 12 to sanction Texas Tech for honoring the results of a lawsuit it was not a party to would carry serious legal consequences.”
The actions come as Texas seeks to crack down on sports betting, which have proliferated as online “prediction” markets. Lt. Gov. Dan Patrick has charged the Texas Senate with studying the laws in order to close loopholes allowing mobile apps like Kalshi to operate in Texas.
