Here's where I'm coming from. Is there a deadline for which ND must make a decision on this? To me it looks like they don't really intend to uphold their part of the scheduling deal and know that they don't need to pay the penalty until they acknowledge that. And this is after BYU had already agreed to a deal that heavily favored ND with the 2-1. ND had no problems scheduling their two home games. Sure things have changed now with the ACC, but how many road games has ND scheduled in the past few years after that change? I think there's sufficient evidence that they aren't that interested in upholding their part of this deal.

So I guess unethical is the wrong word, but they seem to be operating in bad faith to me.