DiMauro: Ollie did enough wrong to warrant his firing by UConn

[Paesano]

Thanks for the explanation. I’m not sure a tactic by KO’s legal team tells us anything about the relationship of KO to JC. They would be negligent to not try to play this card.

As far as “at will” wasn’t there some disagreement among the legal members in this forum about the merits of that with KO’s contract?

Actually, if the choose to play this card instead of negotiating a settlement, THAT would be negligent!

 

[8893]

I'm still unclear. Does the arbitrator only rule on the CBA? And KO's contract would be fought in court. Or do both come into play in both jurisdictions?

It appears he can choose to go either to arbitration or to court, but not both. If he goes to arbitration the arbitrator is limited to the terms of KO’s contract, which includes the CBA.

If it goes to court, those claims will be considered “de novo,” meaning without any deference to Benedict’s or Herbst’s decisions in their reviews. And you can bring other claims in court too.

 

[CL82]

It’s not “at will;” he could only be fired for just cause. That’s the whole point.

Of course they could dismiss him without cause at any time and pay him for the remainder of the contract term. Again, that’s not what “at will” means.

He could be fired at anytime. Firing for just cause just removes terminates the contract and eliminates future payments.

 

[CL82]

It appears he can choose to go either to arbitration or to court, but not both. If he goes to arbitration the arbitrator is limited to the terms of KO’s contract, which includes the CBA.

If it goes to court, those claims will be considered “de novo,” meaning without any deference to Benedict’s or Herbst’s decisions in their reviews. And you can bring other claims in court too.

The union has 15 days to file for arbitration, so we should know what they plan to do relatively quickly.

 

[Hans Sprungfeld]

It appears he can choose to go either to arbitration or to court, but not both. If he goes to arbitration the arbitrator is limited to the terms of KO’s contract, which includes the CBA.

If it goes to court, those claims will be considered “de novo,” meaning without any deference to Benedict’s or Herbst’s decisions in their reviews. And you can bring other claims in court too.

Where's the language that says it's either party's option to choose contract litigation or arbitration after the hearing with Benedict and the review by Herbst? I haven't seen that,though I have wondered where the abridged Civil rights argument was grounded when first reported as raised by KO's legal team.

Also, I'm assuming that any Arbitration award, if that's the route, would be final and non-appealable except under very narrow grounds not likely applicable. Agree?

Ugh, just settle...

 

[8893]

He could be fired at anytime. Firing for just cause just removes terminates the contract and eliminates future payments.

Yes. That’s not at will. At will means no contract and no cause.

 

[huskymedic]

Where's the language that says it's either party's option to choose contract litigation or arbitration after the hearing with Benedict and the review by Herbst? I haven't seen that,though I have wondered where the abridged Civil rights argument was grounded when first reported as raised by KO's legal team.

Also, I'm assuming that any Arbitration award, if that's the route, would be final and non-appealable except under very narrow grounds not likely applicable. Agree?

Ugh, just settle...

Here:

From AAUP Contract link above:
View attachment 32321

... and here:

They will use the American Arbitration Association and this is the applicable contract language:

AAUP Article 10: Authority of the Arbitrator (pg 6)

“The arbitrator shall hear and decide only one (1) grievance in each case. The arbitrator shall neither add to, subtract from, modify not alter the terms and provisions of this agreement. Arbitration shall be confined solely to the application and/or interpretation of this agreement and the precise issue submitted for arbitration. The arbitrator shall have no authority to determine any other issues. The arbitrator shall refrain from issuing statements of opinion or conclusion not essential to determining the issue submitted. The decision of the arbitrator shall be final and binding subject to statutory provisions”

 

[Hans Sprungfeld]

Here:

... and here:

Thanks. While it's already beensaid that we'll know in 15 days if Arbitration is chosen, I can't see why Ollie's counsel would pursue this avenue. The way it has been so widely referred to since the beginning, I hadn't gotten that it wasn't mandatory.

Do I have the ability to wait this out for a couple of weeks? I can't see much downside in doing so. Maybe the loss of a few laughs versus less distraction.

 

[Waquoit]

I give credit to DiMauro for writing this column. He could have easily piled on.

 

[HuskyHawk]

Ollie really hasn’t denied any of the alleged violations. His defense seems to be along the lines of “other guys did similar stuff and didn’t get fired.” Or a variation “Well it wasn’t that bad.”

My sense is that Ollie was way over his head and neither understood nor cared to learn about the NCAA rules. Sort of figured they were chicken crap and no biggie if you played fast and loose with them. In other words he approached it like he approached other aspects of his coaching.

I do not now, nor have I ever thought he was particularly bright. Good basketball IQ? Sure. But outside of that? I’ve seen no evidence of it. That he is in challenging financial circumstances despite earning plenty of money tends to confirm it.

 

[whaler11]

That he is in challenging financial circumstances despite earning plenty of money tends to confirm it.

I like that chief said something so many times it became true even with no actual evidence beyond Chief saying it.

Like when Jmick and SJ hint at all sorts of sorted personal dirt enough times that people assume UConn is holding back to protect Kevin and if he doesn’t cower they are going to bury him with it. LOL - they sure have waited a long time.

 

[Hans Sprungfeld]

I like that chief said something so many times it became true even with no actual evidence beyond Chief saying it.

Ahem. A lot of people here have this tendency.

 

[pj]

if JC’s contract is similar to KO’s it appears to me the university is playing with fire in its approach to KO because JC was not fired following the apr penalties.

The only person who should have been fired following the APR penalties was Mark Emmert.

 

[JMick]

I like that chief said something so many times it became true even with no actual evidence beyond Chief saying it.

Like when Jmick and SJ hint at all sorts of sorted personal dirt enough times that people assume UConn is holding back to protect Kevin and if he doesn’t cower they are going to bury him with it. LOL - they sure have waited a long time.

That's a completely disingenuous summary and you know it.

 

[Mokum]

I do not now, nor have I ever thought he was particularly bright. Good basketball IQ? Sure. But outside of that? I’ve seen no evidence of it. That he is in challenging financial circumstances despite earning plenty of money tends to confirm it.

My sentiments as well. Ollie should be set for life. He is not. I guess
If you are a total materialistic buffoon, you can spend money very quickly. If I had a couple years
Worth of Ollies money, I would never worry about money again. But my desire for materialistic things is pretty low. I have everything I need. And I don't owe any money to anyone. George Carlin did a great routine once about the aquisition of material wealth. I love George Carlin , he was so thought provoking and funny as hell.

 

[Hans Sprungfeld]

That's a completely disingenuous summary and you know it.

Yes, but it got a Like.

 

[CL82]

My sentiments as well. Ollie should be set for life. He is not. I guess
If you are a total materialistic buffoon, you can spend money very quickly. If I had a couple years
Worth of Ollies money, I would never worry about money again. But my desire for materialistic things is pretty low. I have everything I need. And I don't owe any money to anyone. George Carlin did a great routine once about the aquisition of material wealth. I love George Carlin , he was so thought provoking and funny as hell.

Still funny.

 

[huskymedic]

Follow-up DiMauro article where he talks to a D1 Asst AD friend about the reported violations:

Based on the evidence we've learned, Ollie's dismissal was warranted

>>"The violation involving the trainer and the expenses to travel to Atlanta is a serious one," my friend said. "I would fire a coach for that. Saint Mary's went on probation for five years for the same thing a few years ago." Per the NCAA report, St. Mary's coach Randy Bennett "knew of impermissible offseason workouts by Saint Mary's players conducted by outside basketball trainers and conditioning coaches."<<

 

[Chief00]

I like that chief said something so many times it became true even with no actual evidence beyond Chief saying it.

Like when Jmick and SJ hint at all sorts of sorted personal dirt enough times that people assume UConn is holding back to protect Kevin and if he doesn’t cower they are going to bury him with it. LOL - they sure have waited a long time.

Let’s go to public record not covered by gag order. He still owes his ex about $2 million. That’s a high hurdle when your assets have already been split and you no longer make $3 million + per year. Some of the $2 million is Alimony and other parts of it are one time payments, which may be harder to modify?
Could it get even uglier for KO? Due to the gag order I won’t volunteer anything but you have seen an ample sample of his judgement on various matters. Need I say more?

In fairness, I have been early to criticize Miller's heresy gossip, which the New London Day gives a standing to way better than Miller deserves.

 

[JMick]

Follow-up DiMauro article where he talks to a D1 Asst AD friend about the reported violations:

Based on the evidence we've learned, Ollie's dismissal was warranted

>>"The violation involving the trainer and the expenses to travel to Atlanta is a serious one," my friend said. "I would fire a coach for that. Saint Mary's went on probation for five years for the same thing a few years ago." Per the NCAA report, St. Mary's coach Randy Bennett "knew of impermissible offseason workouts by Saint Mary's players conducted by outside basketball trainers and conditioning coaches."<<

how anyone can rationalize the trip as a nonsense violation is beyond me. it's a huge deal.

 

[whaler11]

Let’s go to public record not covered by gag order. He still owes his ex about $2 million. That’s a high hurdle when your assets have already been split and you no longer make $3 million + per year. Some of the $2 million is Alimony and other parts of it are one time payments, which may be harder to modify?
Could it get even uglier for KO? Due to the gag order I won’t volunteer anything but you have seen an ample sample of his judgement on various matters. Need I say more?

In fairness, I have been early to criticize Miller's heresy gossip, which the New London Day gives a standing to way better than Miller deserves.

Lazy math he grossed $50 million between NBA and UConn.

Here is the thing:

I heard he committed hgh crimes and we got a workout in Atlanta.

I heard he had all sorts of personal issues he would never allow to come to light - but he hasn’t backed down (I’m also here and know women he dated post-divorce... to put it bluntly I’ve heard way more interesting things about other coaches on the payroll).

You’ve been hinting at him being broke for a while - but you are a proven liar and you are telling us Miller acted alone.

It’s pretty much the plot of the Boy Who Cried Wolf around here.

 

[whaler11]

how anyone can rationalize the trip as a nonsense violation is beyond me. it's a huge deal.

LOL. Kirk King. I bet if you search his name here you could get a PhD in cognitive dissonance.

 

[JMick]

LOL. Kirk King. I bet if you search his name here you could get a PhD in cognitive dissonance.

more than one thing can be bad at a time.

 

[whaler11]

more than one thing can be bad at a time.

Yeah when Kirk King got suspended everyone though that was fair. Just stop - listen to @8893 - you look like a fool claiming these are serious violations.

 

[JMick]

Yeah when Kirk King got suspended everyone though that was fair. Just stop - listen to @8893 - you look like a fool claiming these are serious violations.

See. there you did it again. You said "these" implying I think all of them are serious. The first two just show he doesn't care about the rules.