KO - A tough spot to be in

[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.

 

[whaler11]

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

I am no Spartacus or Fishy. I have but one account from which to like.

 

[Deadrody]

You know, if the infraction is not a big deal, he deserves all of his contract money. The fact that he didn’t coach or recruit well the last couple seasons is not just cause.

IF...

Good lord, people, can we please, please, PLEASE stop speculating on things we DO.NOT.KNOW ???

If what you're going to post relies entirely on an assumption after the IF, you are not adding anything to the discussion, such as it is.

No kidding, IF the infraction they're relying on is minimal, he may deserve his full buyout. But UConn already knows that.

 

[IthacaMatt]

Zero?

You simply don’t know. You never want to be on the other side of a University or institution; but, Ollie - not knowing the “just cause” vague charge - has a contract with a buyout. UConn, also, doesn’t want to be the one CBB school who wipes out a coach.

This will settle. I suspect Benedict’s first conversation with Ollie wasn’t positive. Ollie will understand his stakes.

There's a possibility, now that Ollie has played his Union Employee Arbitration card, that it may be mandatory, as well as binding. That might take away the ability to settle. It comes down to the collective bargaining agreement and how the arbitration clause is written.

 

[IthacaMatt]

I actually think it was positive, they just didn't reach an agreement. I don't know that this will all that acrimonious. Right now both sides are just jockeying for position..

This sounds really naive. If the first conversations were "positive", your AD wouldn't have gone to the press and blown up the negotiations by saying he was being terminated "for cause" and would get nothing. Unless he's an idiot, that is.

 

[ctchamps]

Not really but ok I give.

Now that’s what I call mailing it in.

 

[ctchamps]

Yeah, at the end of the day it doesn’t matter what Ollie wants or “thinks he needs” that isn’t part of the contract. My guess is the AD has enough dirt on KO that he knows KO will never go as far as arbitration and let all of that become public. I’m sure they already had a conversation about it and KO probably thought UConn would never try firing for cause due to how it would be perceived by the media. Well UConn called his bluff and my guess is this will be settled soon. I’ll be shocked if he gets more than $3M. Benedict knows what he’s doing, he’s not a dumb guy.

He may not be dumb but his evaluation of coach value is idiotic. You do realize he created not only KO’s contract but BD’s contract.

 

[IthacaMatt]

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.

Ollie's lawyer did him no favors negotiating that "for cause" language - there are no lawyerly weasle words anywhere to be found - e.g., "material" violation, and of the University's own rules and procedures, not just the conference or the NCAA. That gives the university huge leeway.

BlueDog, I imagine you are familiar with the union CBA. Is arbitration mandatory or optional, and once it has commenced, does the union see it through to conclusion?

 

[ctchamps]

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.

Is there a interval of time that the university must act to claim just cause?

 

[Paesano]

He may not be dumb but his evaluation of coach value is idiotic. You do realize he created not only KO’s contract but BD’s contract.

I thought Warde basically created Ollie's contract and DB signed off on it with little choice? What is wrong with you lately? Where is the positive and up-beat guy? And don't tell me you are scared of the future. I know damn well that you know that the healthiest course of action is to embrace the present and look to the future with excitement. Let go of the anger you feel about KO's tenure and exit. It didn't turn out the way you wanted. It didn't turn out how any of us wanted. But as much as you wish this didn't happen, it did. Time to move on.

 

[huskymedic]

BlueDog, I imagine you are familiar with the union CBA. Is arbitration mandatory or optional, and once it has commenced, does the union see it through to conclusion?

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

 

[gtcam]

Definition for you:

To perform a given task, duty, or activity with little or no attention, effort, or interest; to do something perfunctorily.

Isn't that the approach he took to recruiting and other aspects of the job, as confirmed by those that know?

On a positive note, you didn't call me a name in your reply, so I'm happy about that!

Do you have those confirmations from those "in the know" with names of those folks
If you don't have them you are blowing smoke
THIS THREAD SUCKS - Chief00 take it out yourself or Tom please do so
I don't care if the financials are public opinion all this does is offer another way for everyone who wants to - kick KO down the street more with speculation
The guy will never coach on a UConn sideline again - he's done
Next chapter, next coach - lets get on with it

 

[BlueDogs]

Ollie's lawyer did him no favors negotiating that "for cause" language - there are no lawyerly weasle words anywhere to be found - e.g., "material" violation, and of the University's own rules and procedures, not just the conference or the NCAA. That gives the university huge leeway.

BlueDog, I imagine you are familiar with the union CBA. Is arbitration mandatory or optional, and once it has commenced, does the union see it through to conclusion?

Arbitration is mandatory because that is the dispute resolution method in KO's contract.

 

[huskymedic]

Arbitration is mandatory because that is the dispute resolution method in KO's contract.

In theory - the Union can choose to not go to arbitration after Step 1 & 2 of the grievance procedure and choose to go another route (take it to Appellate court?)

 

[BlueDogs]

In theory - the Union can choose to not go to arbitration after Step 1 & 2 of the grievance procedure and choose to go another route (take it to Appellate court?)

It's not technically a union matter because the KO contract stipulates only that the dispute resolution provision in collective bargaining agreement applies. Since it is a personal contract between UConn and KO and the union is not a party to KO's contract, KO will have standing to require arbitration and the university likewise must use arbitration. It's a terribly constructed contract. He will bear the cost of arbitration.

 

[CL82]

It's not technically a union matter because the KO contract stipulates only that the dispute resolution provision in collective bargaining agreement applies. Since it is a personal contract between UConn and KO and the union is not a party to KO's contract, KO will have standing to require arbitration and the university likewise must use arbitration. It's a terribly constructed contract. He will bear the cost of arbitration.

I thought it was shared equally.