There is perhaps no personal stronger relationship, nor greater love than that between a Texan and their favorite college football program… or so everyone thinks.
On June 13, 2024, a Texas appellate court dismissed an appeal for breach of the Texas A & M’s “Permanently Endowed Donors” of the 12th Man Foundation for fiduciary duty and good faith and fair dealing. In so ruling, the court found that there is no special relationship giving rise to a fiduciary obligation between a group of endowed football program donors and the Texas A&M Foundation that the law would recognize in this case.
Now to some, the number 12 means a dozen. To others, it could signify the start of the afternoon. But to students of Texas A&M University and fans of the Aggies, it’s much more than just a number. It’s a way of life. It’s a symbol of A&M’s deep connection to its football team, as well as its community.
The loyalty and overall camaraderie that comes with being a part of the 12th Man is something that can’t be replaced. After all, when you sit on the home side of Kyle Field, the student section is labeled by a large LED display that reads “Home of the 12th Man.”
Since then, the 12th Man became a symbol of the Aggies’ fighting spirit and dedication to their team. The tradition still lives on 100+ years later as thousands upon thousands of Texas A&M fans stand throughout each game, ready to support the Ags in any way possible, except as in this case……When their own needs supercede the the Texas A & M “Permanently Endowed Donors”
The story of the “12th Man” dates back over a full century to 1922, when then Aggie head coach Dana X. Bible called upon former football player E. King Gill who was in the stands watching the game, to suit up and stand ready to play if necessary.
Gill’s actions exemplified the core value of selfless service at Texas A&M. The term “12th man” is often used in football to refer to the fans or manager. Donors can support the foundation by purchasing season tickets, making annual donations.
The tradition of the 12th Man is about Aggies being ready and willing to step up when called upon, so it is only fitting that the organization that supports student-athletes and helps them be successful at A&M and beyond have 12th Man in its name. Donors to the 12th Man Foundation are the epitome of the 12th Man tradition.
The Texas A & M’s “Permanently Endowed Donors” of the 12th Man Foundation are permanently endowed donors to the school and were promised certain privileges such as ‘best available’ seating, and parking at Texas A&M football games as well as other perks.
Now they just want the Foundation to do the right thing, which would be to honor the agreements they made in 1994 that prompted us to endow the scholarship.
In this Insider Exclusive “Justice in America” Network TV Special, our investigative team sits down with Brent Coon who represent these aggrieved Donors to discuss the current status of there 12 year legal nightmare, and also to show:
Why the 12th Man Foundation reneged on oral or written endowment contracts with hundreds of Permanently Endowed Donors who offered financial support to the football program in exchange for, among other perks, season football tickets in “best available” seating locations and priority parking, in most cases for life and in some cases for 30 years, at no additional cost?
Why the Texas A & M 12TH Man Foundation unilaterally changed their program, without consent from the Permanently Endowed Donors, by levying certain fees and otherwise allocating certain other benefits based on a new “Priority Point Program” for loyal boosters?
How a $450 million stadium redevelopment plan for the Aggies stadium, Kyle Field, and Texas A&M entering the Southeast Conference (or SEC) became a driving factor for Texas A & M to abuse the legal process to dispute original Permanently Endowed Donors oral and written agreements.
What these disrespected and aggrieved Permanently Endowed Donors really want?
Is Texas Aggies’ strategy with Donors just a Replay of an ancient ‘Confidence Shell Game?
The takeaway? While donors’ loyal commitment to “core values” of respect, excellence, leadership, loyalty, integrity, and selfless service, did not support a legal fiduciary duty in this case, in the appellate court…
It remains to be seen in the second half of this litigation how the lower court will rule on claims that the Foundation breached certain oral or written agreements with the donors.
In these Billion-dollar Sports Arenas, the biggest question that remains is who will earn the best seats at Kyle Field…the donors who loved the Aggies first or the new generation of fans who helped fund the rebuilt stadium. This January 2025 CNBC ranking of the top college sports programs shows the obvious. GREED !!!