Ollie fighting to keep his job..Link from ESPN

[80shusky]

To maximize the damage to their favorite target, wait and see the NCAA exonerate Ollie of any wrong doing.

Yep, you know he has his little elves working overtime on it right now. That and trying to ram the new open transfer rules through the books as fast as possible.....

 

[80shusky]

That’s not a remotely accurate depiction of reality and I don’t know where you’re getting your information. But it’s wrong. He had then and now a great relationship with Susan Herbst, Rachel Rubin, Warde Manuel, etc. They begged him to stay, crafted a lengthy, “special assistant to the president, athletic director, university, etc” contract. The suspension wasn’t from the school and he was found to be cleared of any personal wrongdoing but suspended for violations that occurred on his watch. The absurdity and retroactive penalty of the APR thing has been discussed here ad nauseum. Look, if Jim Calhoun is not your cup of tea, fine. But stop throwing crap out there. Get some facts and come back and see us.

 

[Chief00]

Clarification...when he left, he had an icy relationship at best with the school administration. Hated was too strong a word. He had recently been suspended, the school was banned from post season play.

Jim’s strained relationship was with Hathaway.

 

[Bonehead]

Why don’t you post for us the whole truth and then we can point his legal team to the thread and they will stand down.

You’d be doing the school and Ollie a service.

So please let’s hear the ‘whole truth’.

Dilly Dilly!!

 

[NJHusky]

I agree. The has seemingly turned silly. I can't believe the university thought the best course of action would be a "just cause" termination without first trying to negotiate a reduced buy out. Did ollie reject outright? If he was blindsided by this, I certainly understand his actions. If he's trying to fight for every penny, with ncaa infractions over his head, not smart.

It's turned into a circus

Trying to negotiate a failed buyout and THEN firing him for just cause would be insane...how would that look when Ollie presents his side to an arbitrator/court? We wouldn't accept a buyout so Uconn said they have just cause....that would be a very sympathetic argument IMO. By stating just cause, Uconn has more leverage. If there is a 15 day window before the arbitration, that is plenty of time to settle this..at 5 mill over 5 years??

 

[UConnRock]

Seems like some are saying that UConn should pay the $10m and then just cross their fingers that the NCAA investigation finds nothing. Ollie may have personally done nothing wrong, but he was in charge of the entire program. If assistant's or others are not clean Ollie bears some responsibility.

 

[BlueDogs]

This contract was written stupidly on both sides. The buyout was too high, the clause about any NCAA rule set this mess up. I actually think unless it's a significant violation, KO deserves the money, or at least a significant part of it. I'm not a lawyer, but I'd also think that the fact of an investigation isn't the same thing as having committed a violation, which is another factor in R probable outcome of a negotiated settlement.

The basic rule of contract construction is you read what it says to understand the intent of the parties in their agreement. You don't add what should have been there. Where there is ambiguity, then a judge or arbiter may look outside the four corners of the agreement to ascertain contract language meaning. The argument that Ollie is involved in "minor" infractions is at least on the surface a losing argument.

UConn is entitled to the bargain (their lawyers were smart - it was the perfect proviso because it's hard for KO to object to its inclusion. What's he going to say? "No, I should be permitted break NCAA rules"). KO's not so smart lawyers should have put qualifications on it such as "material violation" or "material violation, which after NCAA investigation, results in any sanction that results in [name bad punishments]".

So KO is down to arguing a few things - anticipatory breach, breach of the implied covenant good faith and fair dealing, and potentially tortious interference with contract depending on what UConn and its "agents" where doing beforehand.

The only argument that really sustains in regards to "it's only minor infractions" is commercial reasonableness which means all contract terms are interpreted in the context of what is generally understood as reasonable and customary under the circumstances. The line of attack that firing for minor infractions is unreasonable and doesn't rise to a level of just cause is on very thin ice, because everybody in college sports knows the NCAA rules are very exacting and particular, and also the NCAA previously sanctioned UConn when KO took over and the school had a heightened interest in ensuring compliance. So, KO is hard pressed to argue immateriality.

With exception of UConn potentially going out talking to new candidates before he was fired, KO is on the losing side of the case. My prediction is they settle for $5 Million with an extended payout period.

 

[CCSU97]

I've never heard of a college basketball coach being part of a teachers union is this normal?

Yes.

CCSU coaches are also part of of a State labor union and, in fact, their contracts are specifically EXEMPT from State FOIA.

UNH confirmed on Wednesday Rossomando resigned as head coach of the Chargers and will become the new head coach at Central Connecticut State University. A press conference will be held on Friday at 11 a.m. at CCSU.

The contract is for four years, but according to CCSU, terms of the contract cannot be disclosed due to the union’s collective bargaining agreement.
​

Pete Rossomando resigns, move from UNH to CCSU now official

 

[HuskyHawk]

Trying to negotiate a failed buyout and THEN firing him for just cause would be insane...how would that look when Ollie presents his side to an arbitrator/court? We wouldn't accept a buyout so Uconn said they have just cause....that would be a very sympathetic argument IMO. By stating just cause, Uconn has more leverage. If there is a 15 day window before the arbitration, that is plenty of time to settle this..at 5 mill over 5 years??

Offers made in settlement of a dispute are generally not admissible in any litigation involving that dispute. @BlueDogs nails the contract law side of this in his post. If there are any technical violations of NCAA or school rules or policies, he will have to argue that the punishment is unfair on public policy grounds. I think that will be a tough sell given that it’s public money he wants to collect for not working.

I think the buyout settlement will be in the $3million ballpark. But there are plenty of facts we don’t have.

 

[DMIL]

even if he broke the smallest rule possible, the contract is pretty damn clear that it's cause to terminate the buyout provision. you don't get to decide what rule constitutes a firing and what doesn't.

This smells man.....this smells.

 

[CCSU97]

x

 

[junglehusky]

We can have an official boneyard Moot trial. I’ll proudly represent our great Uconn state university. Javajuda can represent Ollie. Maybe Chief can serve as judge.

Kidding,...

Well it is the time of year when we usually do that sort of thing.

 

[SouthBayHusky]

Whoever is hired better have a flawless record as far as the ncaa is concerned, or Ollie will easily win his claim.

That’s actually not relevant to the controversy. Whether someone breaches a contract and the other party wants to enforce it is up to them. If the contract defined just cause broadly, and there is some minor infraction it a breach. The same university does not need to enforce subsequent contract the same way. I get it, not fair in some sense, but contracts cut both ways and can be used by either side depending on the circumstances

 

[Hans Sprungfeld]

Unions have been the bane of this entire country

You teach American History, right?

 

[UCDaveD]

Trying to negotiate a failed buyout and THEN firing him for just cause would be insane...how would that look when Ollie presents his side to an arbitrator/court? We wouldn't accept a buyout so Uconn said they have just cause....that would be a very sympathetic argument IMO. By stating just cause, Uconn has more leverage. If there is a 15 day window before the arbitration, that is plenty of time to settle this..at 5 mill over 5 years??

Look at it the other way.

University: "Kevin, we have enough here to fire you for cause and not pay you anything, but we're willing to work out a deal to put this entire thing to rest quickly."

KO: "No. I want my $10Million."

University: "So you're not willing to negotiate? Kevin, we're trying to do the right thing here."

KO: "Nope, $10Million."

University: "Well, we tried."

 

[sammydabiz]

even if he broke the smallest rule possible, the contract is pretty damn clear that it's cause to terminate the buyout provision. you don't get to decide what rule constitutes a firing and what doesn't.

That's my thinking as well, you use the contract to your advantage... An infraction is an infraction no matter how big or small. UConn is playing their cards right, just glad we ripped the Ollie ban aid off... This program was going nowhere.

Btw, aren't we the UConn Huskies? According to some posters, I feel like we're the UConn Ollies, some need a reality check here

 

[huskymedic]

Jeff Jacobs‏ @jeffjacobs123 22m22 minutes ago
Michael Bailey, executive director of UConn AAAUP (faculty union) press release: "Coach Ollie has been suspended with pay pending his right to a hearing before director of athletics. At that hearing, coach Ollie will be able to respond to any factual evidence the director (1/3)

Jeff Jacobs‏ @jeffjacobs123 22m 22 minutes ago
... is using to determine, what he considers to be violations of NCAA bylaws or terms of his employment agreement and AAUP contract. The NCAA has to finalize it's investigation of this matter. 2/3

Jeff Jacobs‏ @jeffjacobs123 22m 22 minutes ago
The grievance process allows for an appeal to the president of the university and ultimately to an arbitrator with the American Arbitration Association. 3/3

 

[Kathy]

There were recruiting rules broke by Jim Calhoun and he was not fired by UConn. The school did not discipline him to my knowledge as it was the NCAA that suspended him for games back in 2011. One has to think Ollie and his lawyers will bring that up and accuse the school of treating him differently. How can one coach be fired for breaking a rule while his predecessor wasn't? KO may actually have a good case. This all looks like it is going to get really messy and possibly very public. It would not surprise me if we even saw the race card eventually thrown out there.

I loved Calhoun and was very sad when he retired. But you are right about precedents Calhoun even had to vacate wins because of Kirk King but the University never tiol any action against him. Why? Because he was winning. Ollie's lawyers and union rep are certainly aware of that.
They needed to just admit it was for poor coaching and be done with it.

 

[Huskybass]

I loved Calhoun and was very sad when he retired. But you are right about precedents Calhoun even had to vacate wins because of Kirk King but the University never tiol any action against him. Why? Because he was winning. Ollie's lawyers and union rep are certainly aware of that.
They needed to just admit it was for poor coaching and be done with it.

If you knew HALF of what happened behind the scenes you would change your mindset completely. If and when some of it comes out, you will be shocked.

I personally hope none of it has to come out and that a reasonable compromise is reached. But if KO plays hardball, things could get very interesting.

 

[UCDaveD]

Person A gets pulled over for speeding and is let go with a warning.

Person B gets pulled over for speeding and receives a ticket.

Person B can cry and whine about how unfair it is, but he was still speeding.

 

[UConnNick]

I loved Calhoun and was very sad when he retired. But you are right about precedents Calhoun even had to vacate wins because of Kirk King but the University never tiol any action against him. Why? Because he was winning. Ollie's lawyers and union rep are certainly aware of that.
They needed to just admit it was for poor coaching and be done with it.

What happened in the past or what happens in the future is irrelevant regarding Ollie's contract. He has the benefit of a whole additional layer of administrative procedure to go through before it even gets to court, if it goes that far.

The university has a hole in the contract big enough to drive a Euclid dump truck through. The whole thing boils down to which side blinks first while this drama plays out.

 

[jorge34]

If you knew HALF of what happened behind the scenes you would change your mindset completely. If and when some of it comes out, you will be shocked.

I personally hope none of it has to come out and that a reasonable compromise is reached. But if KO plays hardball, things could get very interesting.

Care to elaborate?

 

[Huskybass]

Care to elaborate?

No. As I said, I hope none of it gets publicized. None of it would benefit KO or the University. I really hope that a reasonable settlement is reached quickly without any mudslinging.

 

[intlzncster]

Care to elaborate?

Just PM him.

 

[Da_Aisijimo_Gou]

JC was despised by the media and the university.

Interesting take there ...