UConn AD David Benedict (not surprisingly) recommends continuing with the termination... | The Boneyard

UConn AD David Benedict (not surprisingly) recommends continuing with the termination...

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Fairfield_1st

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I find this process frustrating only because I want details and to understand what is going on. Being in the dark stinks.
 
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Looking forward to the Boneyard insiders really earning their nickname "insiders" as it relates to this case.
 

CL82

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upload_2018-5-3_16-44-17.png

So Ollie will have to articulate why he thinks AD Dave's decision is wrong then Herbst can agree or disagree.
 
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It is meaningful in that the university is doubling down on their stance that they have sufficient reason for cause, and they believe that the contract supercedes the CA agreement. Benedict wasn’t making this call without knowing Herbst’ position on the matter.
 

intlzncster

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Well, if he backed off now, it would colossal incompetence. If he determined there was enough to back a 'for cause' termination, then he's got to ride it out.
 
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Well, if he backed off now, it would colossal incompetence. If he determined there was enough to back a 'for cause' termination, then he's got to ride it out.

By passing this off to Herbst he is now having her own the outcome. He would not do that if she did not support his position.
 

CL82

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It is meaningful in that the university is doubling down on their stance that they have sufficient reason for cause, and they believe that the contract supercedes the CA agreement. Benedict wasn’t making this call without knowing Herbst’ position on the matter.

Well, if he backed off now, it would colossal incompetence. If he determined there was enough to back a 'for cause' termination, then he's got to ride it out.
Yep.

Also I don't think it is an issue of which contract prevails. See the highlighted language below:
upload_2018-5-3_17-11-55.png
 
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By passing this off to Herbst he is now having her own the outcome.
Pending further evidence, I don't agree. More likely this is a simple procedural formality.
Like the judge repeatedly asking a prospective juror whether he believes the defendant is entitled to a fair trial. Prospective juror answers - "yes, he is. Then we hang him."
 

CL82

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Just for the sake of completeness, this is the language that immediately precedes the language in my post above:
upload_2018-5-3_17-17-11.png
 
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Yep.

Also I don't think it is an issue of which contract prevails. See the highlighted language below:
View attachment 31175
If that is the language of the actual contract that Ollie signed, then you gotta wonder what his lawyer was looking at pre-signing. "Just cause" shall include "Any" violation of an NCAA rule. Wow. Talk about leaving your client wide open. I mean, at least throw in, ". . . that leads to a suspension . . ." or just something to mitigate the absoluteness of those words. "Any rule"? Wow.
 

CL82

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If that is the language of the actual contract that Ollie, signed, then you gotta wonder what his lawyer was looking at pre-signing. Just cause shall include "Any" violation of an NCAA rule. Wow. Talk about leaving your client wide open. I mean, at least throw in, ". . . that leads to a suspension . . ." or just something to mitigate the absoluteness of those words. Any rule? Wow.
It's sort of a tough argument to make. "Well how about if he cheats just a little bit, would that be okay?"

I agree the 1) language is very broad and includes "Official university interpretations" or policies. That is why I believe UConn has the stronger case here.
 
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The process the union agreed to is pretty dumb. Benedict and Herbst decided to fire Ollie for cause. Then Ollie gets to plead his case to both of them. What's the probability they're going to reverse their decision? This will end up being negotiated down or go to arbitration and maybe ultimately court.
 
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intlzncster

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If that is the language of the actual contract that Ollie signed, then you gotta wonder what his lawyer was looking at pre-signing. "Just cause" shall include "Any" violation of an NCAA rule. Wow. Talk about leaving your client wide open. I mean, at least throw in, ". . . that leads to a suspension . . ." or just something to mitigate the absoluteness of those words. "Any rule"? Wow.

This is why people have been talking about contract language 'wide enough to drive a truck through'. It's pretty amazing actually.
 
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Pending further evidence, I don't agree. More likely this is a simple procedural formality.
Like the judge repeatedly asking a prospective juror whether he believes the defendant is entitled to a fair trial. Prospective juror answers - "yes, he is. Then we hang him."

If she thinks it is a losing hand, Herbst does not want Benedict denying Ollie’s appeal and sending it to her ... she either tells him to jump on the grenade and risk termination, or pass it off to her and guarantee his termination. There is no way that he and her are not in synch on this. Up until now she can claim she had misplaced faith in her AD, once the appeal goes to her she owns it.
 
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The process the union agreed to is pretty dumb. Benedict and Herbst decided to fire Ollie. Then Ollie gets to plead his case to both of them. What's the probability they're going to reverse their decision? This will end up being negotiated down or go to arbitration and maybe ultimately court.

I think it is an effective process. The AD and Herbst assume ownership of the outcome as this moves up the chain. It is an unwritten accountability. If this goes to the courts and goes sideways on the university, the BOT pulls out their big axe and lobs off her head. She pays the penalty for bad decisions and bad press so that others above her do not. That is why Herbst needs to have conviction before denying the appeal. Because until then it is AD Dave with his head on the block.
 

CL82

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The process the union agreed to is pretty dumb. Benedict and Herbst decided to fire Ollie. Then Ollie gets to plead his case to both of them. What's the probability they're going to reverse their decision? This will end up being negotiated down or go to arbitration and maybe ultimately court.
It is more sensible when it is applied to professors. Coaches are bad fit and the process above is an attempt to cobble together a review process that kind of, sort of follows their standard one.

I guess the best possible spin on the process as is, is that it forces the parties to lay out there respective positions prior to litigation. That's not a bad thing.
 

CL82

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I think it is an effective process. The AD and Herbst assume ownership of the outcome as this moves up the chain. It is an unwritten accountability. If this goes to the courts and goes sideways on the university, the BOT pulls out their big axe and lobs off her head. She pays the penalty for bad decisions and bad press so that others above her do not. That is why Herbst needs to have conviction before denying the appeal. Because until then it is AD Dave with his head on the block.
For something this high profile, I'm pretty sure her response is going be vetted (crafted) by counsel.
 
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Looking forward to the Boneyard insiders really earning their nickname "insiders" as it relates to this case.


Don't think the insiders want to let this cat out of the bag.

Mum's the word on issues that are considered personal
 
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Don't think the insiders want to let this cat out of the bag.

Mum's the word on issues that are considered personal

There are different types of insiders that have access to different types of information for different reasons at different times. I have not heard anything here at all. Nor have I asked.
 
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Benedict and Herbst has no choice but to play it this way until they have no other option but to pay Ollie. They will play this out until the last minute. Should they step forward and pay Ollie now they might as well both fire themselves as they will both look like idiots. Should Ollie come out victorious in this matter one or both MAY be fired.
 
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Not a lawyer but if this gets to court, I'm saying you fired me because of the record of the team not whatever infraction there was. Simple question, if UConn went undefeated and won the NCAA championship would you still have fired me. Another question, how long did you know about the infraction before you fired me.
 
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