KO - A tough spot to be in

[August_West]

It wasn’t that long ago.

No. You're right

 

[Danzz]

If he doesn't get paid, which I think he's getting more than some people might think, then a modification will be forthcoming

Can't get blood from a stone

Obviously his kids get hurt too, I would fight for my reputation and my kids

We are talking about millions here, nobody is going to suffer. As you said there would be a modification.

 

[8893]

Legally Ollie's not in a very strong position here. If you enforce the contract terms as written, it's essentially a zero tolerance rule, sort of like Bobby Knight's situation regarding his personal behavior at Indiana when he got fired.

About the only way I see this turning in Ollie's favor is if a court were to rule the essentially zero tolerance for any transgression, however slight, makes it a contract of adhesion or unconscionability, almost impossible to fully comply with in all respects. However, courts are very reluctant to make such rulings except under extreme circumstances. It throws the provision out and puts the court in the position of re-writing the contract. As you correctly point out, both sides had legal representation. I don't see any way that happens.

At some point, Ollie may come to the realization that it's a losing proposition. If so, he will likely try to settle for whatever the school might be willing to pay to avoid any further negative press.

Yeah tough to argue that NCAA compliance isn't a legitimate requirement for a NCAA coach. Also keep in mind that the CBA, if I recall correctly, mandates that the Arbiter not expand or modify the agreement. So that argues in favor of strict interpretation of the contract language.

Really tough to say until we know what the compliance issue is. If it is something Ollie did personally, yes the contract gives the University broad rights; if it is something that was done by someone under his supervision, they have to show that he knew it was a violation and took no steps to address, correct and report within 10 business days.

 

[CL82]

Really tough to say until we know what the compliance issue is. If it is something Ollie did personally, yes the contract gives the University broad rights; if it is something that was done by someone under his supervision, they have to show that he knew it was a violation and took no steps to address, correct and report within 10 business days.

This firing doesn't feel impulsive to me. I'd be very surprised if there wasn't a prior analysis by counsel. JMHO.

 

[8893]

This firing doesn't feel impulsive to me. I'd be very surprised if their wasn't a prior analysis by counsel. JMHO.

Oh I would expect and hope so. But I obviously don't know the quality of that analysis, and without knowing the charges it's tough to know how much wiggle room there is. And I haven't reviewed the other provisions or the CBA to see if the University had any requirement to provide him notice within a certain period of time after it became aware of it.

 

[August_West]

This firing doesn't feel impulsive to me. I'd be very surprised if their wasn't a prior analysis by counsel. JMHO.

The firing itself may be a month or two in the making, but in light of the current article re the legislature indicating no funds, the strategy may be less thought out. We'll see.

 

[SirHypeAlot]

It wasn’t that long ago.

Puts the donors in a tough spot. Our program is up in flames and the guy that lied to them needs their help to buyout the coach that drove it into the ground.

 

[Danzz]

Yeah tough to argue that NCAA compliance isn't a legitimate requirement for a NCAA coach. Also keep in mind that the CBA, if I recall correctly, mandates that the Arbiter not expand or modify the agreement. So that argues in favor of strict interpretation of the contract language.

UConn's compliance complaint would actually carry more weight if UConn had 20 wins. It wouldn't appear that the university was using some minor violation to get out of a contract when the real issue is poor team performance. Now if the violation was major it changes everything.
Both sides are doing what is best for them.UConn is trying to pay as little as possible and KO is trying to leave with as much as possible and I don't blame either side. The buyout will be settled and UConn will believe that they paid too much and KO will feel he didn't get enough. This is the way divorces work.

 

[whaler11]

The firing itself may be a month or two in the making, but in light of the current article re the legislature indicating no funds, the strategy may be less thought out. We'll see.

I gave them too much credit. I didn’t think they would fire him because they would end up in this exact situation and there was a chance they could be better next year.

I should have learned by now you can’t underestimate anyone in Storrs (but Geno and Stevens).

These buffoons will probably end up with two head coaches and no business school.

 

[huskymedic]

The firing itself may be a month or two in the making, but in light of the current article re the legislature indicating no funds, the strategy may be less thought out. We'll see.

The thought by anyone that the "buyout money" would just be backfilled w/ funding from the State of CT is crazy talk. Courant being the Courant after the Bob Diaco termination cost of doing business article a while back.

 

[8893]

UConn's compliance complaint would actually carry more weight if UConn had 20 wins. It wouldn't appear that the university was using some minor violation to get out of a contract when the real issue is poor team performance. Now if the violation was major it changes everything.

The contract does not appear to distinguish between major and minor violations. If Ollie did it, any violation will do; if it was a player, coach or staffer, they have to show that he knew it was a violation and didn't do anything about it in a timely manner.

 

[Da_Aisijimo_Gou]

Lets keep it to basketball Chief. Fortunately, most on here are experts in a lot of fields but divorce court without details is not one of them.

Yup, despite the latter being not so different than so many speculative Boneyard discussions regarding KO, his purported "just cause" departure, and so much other stuff without some, many, or all of the details. Dubious dirty diving in divorce discussions being one significant difference.

 

[8893]

Dubious dirty diving in divorce discussions being one significant difference.

Nice consonance.

 

[Da_Aisijimo_Gou]

The thought by anyone that the "buyout money" would be backfilled w/ funding from the State of CT is crazy talk.

C'mon, how much can reasonably be expected from the current version of the nation's oldest newspaper in continuous publication? And, I'm still pushing to reallocate $10 million CT's going to issue in bonds to fix Dillon Stadium. Comic relief and all

 

[BlueDogs]

KO is in deep trouble if there is any violation. Section 10.1(d) of his contract specifically states "just cause" means violation of NCAA rules by him or anyone under his supervision. It also has no requirement that the NCAA make a determination that a violation occurred.

Contract link: http://www.rep-am.com/wp-content/uploads/2018/03/Kevin-Ollie-Contract-1-18-2018.pdf

His contract incorporates the arbitration procedures of Article 13 of the Collective Bargaining Agreement which calls for binding arbitration. The arbitration provision is very particular that the arbiter may not add or remove terms and must stay within the bounds of the contract terms. Unfortunately, there is a internal reference defect when incorporating Article 13 into the KO contract. Article 13 references itself "this agreement" - which creates a legal opening whether the arbiter is bound to stay with the the terms of the KO contract. KO will argue the arbiter isn't bound and consider general equities, while the university will argue "no" follow the structures of the contract. Overall, though KO is on very thin ice.

 

[whaler11]

The thought by anyone that the "buyout money" would just be backfilled w/ funding from the State of CT is crazy talk. Courant being the Courant after the Bob Diaco termination cost of doing business article a while back.

We need 10 Courants writing dozens of articles highlighting the mismanagment of the athletic department.

It’s insane that nobody is held accountable for this circus.

 

[Chief00]

We are all speculating here, and I suppose that's dangerous. Did he "mail it in"? I don't think so. Did he give the level of effort needed or that he has provided previously? I don't think so. There have been many anecdotal bits of information that suggest that he simply isn't working as hard as he did early on as coach.

But I'm not going to focus on that, because regardless of whether he tried to do his best, his best wasn't good enough. He couldn't figure out which of his own players were good and would give the team a chance to win. His offense has all the sophistication of a playground pick-up team, and the defense isn't much better. His team started slow almost every game...and to me eyes, looked like they had little to no preparation for the opponent. They would leave good shooters open and guard guys who were not threats. Their adjustment to that in game, was painfully slow, if it every came.

UConn needs the buyout to be a small number. It can't worry about Kevin's well being in that regard. He had made a lot of money from UConn and the NBA, enough that, divorce or not, he shouldn't need to work. He's also very employable as a coach, presuming he doesn't let his reputation be harmed by a protracted fight here. Both sides should want this concluded quickly.

This is not a #ChiefConfirm - take it to the bank - but rather an opinion. I think Kevin tried to do the job as he understood it - what maybe he did not understand or perhaps had the skill set is the full scope of the Head Coach’s responsibility.

 

[Chief00]

KO is in deep trouble if there is any violation. Section 10.1(d) of his contract specifically states "just cause" means violation of NCAA rules by him or anyone under his supervision. It also has no requirement that the NCAA make a determination that a violation occurred.

Contract link: http://www.rep-am.com/wp-content/uploads/2018/03/Kevin-Ollie-Contract-1-18-2018.pdf

His contract incorporates the arbitration procedures of Article 13 of the Collective Bargaining Agreement which calls for binding arbitration. The arbitration provision is very particular that the arbiter may not add or remove terms and must stay within the bounds of the contract terms. Unfortunately, there is a internal reference defect when incorporating Article 13 into the KO contract. Article 13 references itself "this agreement" - which creates a legal opening whether the arbiter is bound to stay with the the terms of the KO contract. KO will argue the arbiter isn't bound and consider general equities, while the university will argue "no" follow the structures of the contract. Overall, though KO is on very thin ice.

Except the state arbitrators are usual ex CT political types, who favor the unions.

 

[8893]

Except the state arbitrators are usual ex CT political types, who favor the unions.

I believe I read it is AAA arbitration, not the state Labor Board.

I also don't think it is automatically arbitration. Article 10 suggests, to me, that the grievant could choose to go to court instead (which would be my preference).

 

[huskymedic]

I believe I read it is AAA arbitration, not the state Labor Board.

Correct - if the Union decides to file for arbitration, it is the American Arbitration Association.

 

[UConnNick]

It's LOL funny that state legislators are acting like UCONN will ask the state to bail them out and pay the buyout. If they pay, it's not coming from taxpayer money. They're just pandering to their constituency for political purposes, acting like they're looking out for the taxpayers/voters.

 

[warbler1055]

Unfortunately, KO was in over his head from day 1. Fortunately (or unfortunately) he was surrounded by people like Blaney, Hobbs, Miller, Napier, Boatright, Daniels, Giffey, Kromah etc. for the first few years. Their presence masked the true level of his competency. The winning % in KO's first two years was .743. Fast forward to the last two years and the winning % is .461. Given KO's inexperience and lack of ability to run a D1 program (which is a huge multi-faceted job) it was inevitable that it wouldn't end well.

I truly wish KO well. I just hope that both sides get on the same page sooner rather than later and reach a quick, equitable resolution.

There are statements that KO would be employed sooner rather than later. With his record, and he is as good as his record showed, why would anybody hire him? KO was a good assistand coach but when he got rid of Blaney, Hobbs etc.. and started putting his guys and recruits in, the results were abysmal. KO as a HC seemed to forget what got him there. UConn BB was and is in a death spiral.

 

[Marat]

State of CT will not pay UConn additional funds if they have to pay KO $10 million.

State Gives UConn Ultimatum On Basketball Coach Payout

 

[huskymedic]

State of CT will not pay UConn additional funds if they have to pay KO $10 million.

State Gives UConn Ultimatum On Basketball Coach Payout

Ultimatum? Could that be any more poorly written?

 

[intlzncster]

That's what common sense would tell you from afar but you can't deny that you are putting a bus load of faith in an administration that has proven to be ham handed time and again.

We will find out soon.

@whaler11 apparently couldn't find the '50 likes' button.