Arbitration?

[Greathusky]

So Ollie goes through Benedict with no results. He appeals to Herbst with no results. He goes to arbitration who awards him $10 mil for capricious reasons for the dismissal.

Then what?

 

[August_West]

So Ollie goes through Benedict with no results. He appeals to Herbst with no results. He goes to arbitration who awards him $10 mil for capricious reasons for the dismissal.

Then what?

Then our administration looks like idiots.


This should shock no one.


Benedict needs to show that hand soon and he better be holding pocket aces.

 

[NowInStorrs]

Is it binding arbitration? Then we pay him $10 mil. I imagine that UConn has legitimate reasons to fire for cause and that the parties will agree to something in the middle.

 

[temery]

The thing about arbitration is they play by different rules than a court would.

 

[joober jones]

Then our administration looks like idiots.


This should shock no one.


Benedict needs to show that hand soon and he better be holding pocket aces.

What if all he has are some curly fries with horsey sauce?

 

[CL82]

I will be astounded if we end up paying KO $10M. But if we did, the only real cost to us would be the legal fees which would be nominal (relatively speaking.)

KO needed to move on. UConn can either pay him $10M or try to negotiate it down but it won't end up paying more than $10M. So we're pretty much playing with house money.

 

[huskymedic]

Is it binding arbitration?

Yes. Arbitration - bottom of page 6 (10.7, 10.8, 10.9)

 

[8893]

The thing about arbitration is they play by different rules than a court would.

More importantly, different rules than a jury would.

 

[uchuskies2009]

What if all he has are some curly fries with horsey sauce?

Then we better hope that @August_West is the arbitrator.

 

[intlzncster]

Then our administration looks like idiots.
This should shock no one.
Benedict needs to show that hand soon and he better be holding pocket aces.

Doesn't need pocket Aces. Just needs a better hand than Ollie, or enough of a bet that Ollie doesn't want to see the river.

I'm guessing it'll get settled, as Ollie probably doesn't want every card laid on the table in a protracted ugly dispute. Nor would he want to risk all his chips on that chance. The University already did.

 

[UConnNick]

What bothers me with the school's position is we have to show NCAA violations were committed. That's all well and good as far as the negotiations, but the worse they are, the better chance the university has to whittle down the final settlement number.

On the flip side, we end up in the exceptionally weird position of almost helping the NCAA make its case against us. The punishment ratchets up depending on how serious the violations are.

So, are we walking a fine line by admitting to having made rule violations? Do we play our entire hand, or hold back on admitting certain things, hoping we divulge just enough to make the contract stick without jeopardizing our BB rebuilding by admitting to more serious violatons? We're essentially in the awkward position of helping the NCAA prove its enforcement case against us. You can't make this stuff up...only at UCONN, and the NCAA will be watching as it all plays out.

 

[Kathy]

What bothers me with the school's position is we have to show NCAA violations were committed. That's all well and good as far as the negotiations, but the worse they are, the better chance the university has to whittle down the final settlement number.

On the flip side, we end up in the exceptionally weird position of almost helping the NCAA make its case against us. The punishment ratchets up depending on how serious the violations are.

So, are we walking a fine line by admitting to having made rule violations? Do we play our entire hand, or hold back on admitting certain things, hoping we divulge just enough to make the contract stick without jeopardizing our BB rebuilding by admitting to more serious violatons? We're essentially in the awkward position of helping the NCAA prove its enforcement case against us. You can't make this stuff up...only at UCONN, and the NCAA will be watching as it all plays out.

Good point. Hopefully someone thought that through.

 

[IthacaMatt]

I will be astounded if we end up paying KO $10M. But if we did, the only real cost to us would be the legal fees which would be nominal (relatively speaking.)

KO needed to move on. UConn can either pay him $10M or try to negotiate it down but it won't end up paying more than $10M. So we're pretty much playing with house money.

No, there would also be quite a cost to your school's reputation. I would imagine that your AD would be fired - unless his buy-out is too large. Then he had better hope that he's part of that employees' union, too.

 

[IthacaMatt]

What bothers me with the school's position is we have to show NCAA violations were committed. That's all well and good as far as the negotiations, but the worse they are, the better chance the university has to whittle down the final settlement number.

On the flip side, we end up in the exceptionally weird position of almost helping the NCAA make its case against us. The punishment ratchets up depending on how serious the violations are.

So, are we walking a fine line by admitting to having made rule violations? Do we play our entire hand, or hold back on admitting certain things, hoping we divulge just enough to make the contract stick without jeopardizing our BB rebuilding by admitting to more serious violatons? We're essentially in the awkward position of helping the NCAA prove its enforcement case against us. You can't make this stuff up...only at UCONN, and the NCAA will be watching as it all plays out.

Very good insight.

 

[fatlucy]

Yes. Arbitration - bottom of page 6 (10.7, 10.8, 10.9)

Do the collective bargaining rules overrule his contract language? Doesn't seem reasonable.

 

[ConnHuskBask]

No, there would also be quite a cost to your school's reputation. I would imagine that your AD would be fired - unless his buy-out is too large. Then he had better hope that he's part of that employees' union, too.

I truthfully don't think anyone is going or remember in a few years.

Certainly would be less damaging then missing the tournament for a few more seasons in a row.

 

[huskymedic]

Do the collective bargaining rules overrule his contract language? Doesn't seem reasonable.

His contract language in what regard? I don't believe they are in conflict.

 

[fatlucy]

No, there would also be quite a cost to your school's reputation. I would imagine that your AD would be fired - unless his buy-out is too large. Then he had better hope that he's part of that employees' union, too.

Our reputation as a feelgood charity that throws taxpayer money away so idiots like you don't think we're mean and we expect our employees to perform?

I don't know about the rest of you but I work hard to make my money, (when I'm not on the Boneyard) I don't want it thrown away so some snowflake thinks we're altruistic.

 

[fatlucy]

His contract language in what regard? I don't believe they are in conflict.

There's a lot of focus on the collective bargaining agreement but he has a contract that should stipulate dispute resolution.

 

[businesslawyer]

Our reputation as a feelgood charity that throws taxpayer money away so idiots like you don't think we're mean and we expect our employees to perform?

I don't know about the rest of you but I work hard to make my money, (when I'm not on the Boneyard) I don't want it thrown away so some snowflake thinks we're altruistic.

Altruistic or living up to your contractual promises. Tomato, tomato. Sheesh.

The reason to pay out what you owe under a contract is that ultimately you risk a court making you do it anyway, and you make doing business with you more expensive for anyone else which they will then want to take out in the terms of the contract.

If there is really cause here -- even arguably -- great, good for UConn. But the lack of morality of those of you who don't care and wouldn't pay him anyway is truly astounding. I hope your creditors and counterparties all feel the same way.

 

[huskymedic]

There's a lot of focus on the collective bargaining agreement but he has a contract that should stipulate dispute resolution.

His contract (below) refers to the AAUP language for just cause termination process.

Notice his contract uses the terminology of "in addition to the definition contained in the Collective Bargaining Agreement"

 

[huskymedic]

His contract (below) refers to the AAUP language for just cause termination process.

View attachment 29365

Here is the AAUP language as it applies:

 

[AZHuskiePop]

So Ollie goes through Benedict with no results. He appeals to Herbst with no results. He goes to arbitration who awards him $10 mil for capricious reasons for the dismissal.

Then what?

If the contract states binding arbitration then
UConn pays the 10mm case closed
If it’s non binding than that carries no more weight than a suggestion.

 

[businesslawyer]

If the contract states binding arbitration then
UConn pays the 10mm case closed
If it’s non binding than that carries no more weight than a suggestion.

In almost all cases, if it's abitration it's binding. You would normally use the term mediation instead of non-binding arbitration.

 

[CL82]

No, there would also be quite a cost to your school's reputation. I would imagine that your AD would be fired - unless his buy-out is too large. Then he had better hope that he's part of that employees' union, too.

Worse than, oh I don't know, harboring a known pedophile and letting take him take his victims on the road with the team and stay in his room.

Worse than um let me think, um, having an assistant coach's wife sleep with players?

Even worse than having a decade long triple scandal involving drugs, player payments and academic fraud?

Like that level of damage to a school's reputation?