The University could not open the door to negotiations without first taking the legal steps that they had to take, meaning that they had to assert they had the grounds to fire him for cause first before they begin negotiating. If they didn't do that, and they communicated with KO to try to negotiate a buyout first, the grounds for the for cause firing could be considered a pretext(KO could claim that it was just a concocted excuse to fire him when they had already made up they mind to get rid of him without cause) and that would support KO's defense. It is unfortunate that the University had to take the very public and unfortunate first step in firing him for cause, but they really did not have much of a choice.