Big 12 sues Texas AG and Texas Tech over Sorsby discipline

The Big 12 filed a lawsuit on June 14 in the U.S. District Court for the Northern District of Texas seeking a court declaration that it may discipline Texas Tech and quarterback Brendan Sorsby for admitted sports betting. The conference named Texas Attorney General Ken Paxton in his official capacity and identified Texas Tech Chancellor Brandon Creighton, President Lawrence Schovanec and Athletic Director Kirby Hocutt as defendants. The complaint seeks declaratory and injunctive relief, not monetary damages, and asks the court to allow the Big 12 to bar Sorsby from competition under conference rules.

The filing presents four legal theories. It asserts First Amendment protection as an expressive association, arguing the conference has publicly condemned athlete betting and cannot be forced to associate with or appear to endorse Texas Tech’s decision to play Sorsby. The suit asks the court to rule that exercising disciplinary authority would not violate Section 1 of the Sherman Act or amount to a per se antitrust violation. The Big 12 also argues its bylaws form an interstate contractual framework among member schools and contends Texas is attempting to nullify that system. Finally, the complaint seeks a declaration that sanctions under Bylaw 3.6 would not breach any contract with Texas Tech; that bylaw allows a supermajority of member votes to sanction a member for conduct contrary to the conference’s interests.

The conference identified potential penalties including monetary fines and exclusion from the Big 12 Championship Game. The filing also states the Big 12’s authority to police member conduct exists independently of NCAA eligibility rules and that the conference can judge whether a member’s behavior aligns with its stated interests even if NCAA standards are not applied.

The lawsuit responds to a June 11 letter from Paxton’s office, written on behalf of Texas Tech to Big 12 Commissioner Brett Yormark and Chair Doug Girod. Paxton’s office warned the conference not to invoke Bylaw 3.6 and described any sanction as a “naked horizontal agreement among competitors,” citing potential liability it estimated at more than $200 million, including treble damages, lost football revenues, alumni contributions and recruiting harms. The letter also raised possible claims for breach of contract and tortious interference. Oklahoma Attorney General Gentner Drummond sent a separate letter backing the conference and called the idea that a league could not discipline its members “facially absurd.”

Brendan Sorsby admitted placing at least 2,900 bets totaling more than $30,000 over four years, including roughly 40 wagers in 2022 while he was a sidelined member of Indiana’s program. He transferred to Texas Tech after leaving Cincinnati on a reported name, image and likeness package worth at least $5 million. Sorsby sued the NCAA after it declined to reinstate him; a Lubbock state court judge, Ken Curry, issued a temporary injunction blocking the NCAA from permanently banning him. The NCAA sought an accelerated appeal in Amarillo, and a trial date was set two weeks after the College Football Playoff championship.

Conference officials say the appeal schedule would be too late for schools that want a sanctions vote before the season. Member institutions have pressed for an immediate resolution, and the federal lawsuit aims to resolve legal uncertainty so the Big 12 can proceed with any disciplinary vote and avoid conflicting rulings from state courts or regulators.