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

[Paesano]

This is really simple but the Ollie supporters are in denial.

1. Don't suck at your job.
2. If you suck, don't break any of the rules in any document you signed as a condition of employment.
3. If you suck and you are in violation of your terms of employment and you get offered 3 million to leave, take the money and walk the eph away!!!

Risking 3 to get another 7 is foolish. Doing that while also dragging hall of fame icons through the mud will get you hated for life. Dude might be a great mentor for NBA players but he is looking more and more like a fool that has really bad judgment.

 

[HuskyBandDad]

Have it from a dependable source that the buyout will be $7.4mm. My source also did a great job drying my car.

Did you get the free wax too?

 

[jibsey]

Unless Benedict has something real on KO he has to be fired but I suspect he does. Not only that but UCONN has good lawyers that have parsed this. The negative publicity to the school for trying to skate far surpasses $10 million in payment. There has to be something there.

 

[Madmannsucks]

It appears that mere allegations would not warrant just cause. Until the NCAA rules, it does not appear the contract has been breached. We have not seen an actual violation. Even the workouts would not at this point seem to be the cause as the players were allowed to play. There was a case in Connecticut involving Morande Ford which addressed this specific point. It was sometime in the 80's or early 90's.

 

[freescooter]

My friend, I don’t think KO holds the hand of good cards. He needs to be careful if he pushes too much and if his attorney grandstands further with letters disclosed to ESPN - he may end up with less than $3 million. Sometimes the best thing you can tell a friend - is that they are in denial of reality. The university, as stated publicly at the time, implemented new policies after the MBB NCAA issues - so the Calhoun comparison is not valid.
I recognize his payments to his ex still exceeds $2 million, so it’s natural he views $3 million as putting less than a million in his pocket after taxes unless he modifies via court.

His divorce settlement is entirely irrelevant to this situation. And Chief is right on the money so to speak. The university implemented no procedures as did the NCAA for that matter, which were reflected in Ollie’s contract. He made 2 errors.
1. He didn’t pay attention to that portion of the contract.
2. He didn’t coach well enough to get his employer to not pay attention to it.
He just needs to go away.

 

[UConnNick]

Unless Benedict has something real on KO he has to be fired but I suspect he does. Not only that but UCONN has good lawyers that have parsed this. The negative publicity to the school for trying to skate far surpasses $10 million in payment. There has to be something there.

There does have to be something, but the real question is what that something is. The administration was apparently successful in convincing Hurley that the something isn't serious enough to result in NCAA sanctions. However, per Ollie's contract terms, it doesn't have to be to result in a valid firing for cause. Any violation, no matter how trivial, is enough.

 

[auror]

Compare and contrast this situation with the Pitt/Stallings situation to infer the relative strengths of legal positions.

Pitt had nothing, tried anyways, and essentially immediately settled.

 

[huskymedic]

There does have to be something, but the real question is what that something is. The administration was apparently successful in convincing Hurley that the something isn't serious enough to result in NCAA sanctions...

Not sure that is entirely true... Hurley was concerned/smart enough to have language negotiated into his contract that gives Hurley the option of adding a year to his contract if UConn is slapped with NCAA sanctions based on violations that happened before Hurley got to UConn and those sanctions result in a loss of scholarships or limit UConn’s recruiting.

 

[CL82]

It appears that mere allegations would not warrant just cause. Until the NCAA rules, it does not appear the contract has been breached. We have not seen an actual violation. Even the workouts would not at this point seem to be the cause as the players were allowed to play. There was a case in Connecticut involving Morande Ford which addressed this specific point. It was sometime in the 80's or early 90's.

This is stunningly wrong, on so many levels. Read Ollie's contract language which I pasted above. Keep in mind that the language in Ollie's contract describing just cause is in addition the language in CBA:

 

[Madmannsucks]

This is stunningly wrong, on so many levels. Read the contract.

OK. In 1994 I was fired for cause. The Dept of Labor ruled in my favor. The verbiage was "mere allegations are not sufficient". I no longer have the letter. A case was cited and the defendant was Morande Ford. So I know there is a legal precedent in this particular instance.

 

[Madmannsucks]

This is stunningly wrong, on so many levels. Read Ollie's contract language which I pasted above. Keep in mind that the language in Ollie's contract describing just cause is in addition the language in CBA:
View attachment 31191

So exactly which of the listed items come into play? While so many so called insiders know(or hint at it), NOTHING specific has been leaked to the media. Does anyone but myself find this odd? I mean the highest office in the land cannot keep a secret, but UConn can, except for a privileged few here.

 

[UConnNick]

I have no idea what KO's infractions are but like everyone here I am very curious to find out. That being said, I have to chuckle about this money issue. Wealthy people arguing about millions. If I could walk away from something with a million bucks in my pocket I would be a happy man. But of course it is all relative. For someone with my simple lifestyle a million bucks would mean I never have to worry about money again. But I don't have an ex wife I owe millions. Money definitely does not equate to happiness.

I have an aunt who is fond of saying, "Money isn't everything, but there's damn little it won't buy!"

You're right that happiness is one of the things money doesn't necessarily buy.

 

[jimva]

This is stunningly wrong, on so many levels. Read Ollie's contract language which I pasted above. Keep in mind that the language in Ollie's contract describing just cause is in
addition the language in CBA:
View attachment 31191

You are so correct! KO could be fired for cause without ever violating an NCAA rule.

As I read paragraphs i. and v. if his annual review brought to light poor performance and he did not remedy it, he could be fired for cause.

 

[Chief00]

His divorce settlement is entirely irrelevant to this situation. And Chief is right on the money so to speak. The university implemented no procedures as did the NCAA for that matter, which were reflected in Ollie’s contract. He made 2 errors.
1. He didn’t pay attention to that portion of the contract.
2. He didn’t coach well enough to get his employer to not pay attention to it.
He just needs to go away.

I certainly understand your point, however the $2 million in upcoming divorce payments impacts KO’s willingness to settle at a number he might otherwise settle at. My sense is this mindset may be self defeating for KO.

 

[CL82]

I certainly understand your point, however the $2 million in upcoming divorce payments impacts KO’s willingness to settle at a number he might otherwise settle at. My sense is this mindset may be self defeating for KO.

Hey Chief, the statement that KO got a $3M settlement offer... fact or supposition?

 

[UConnDad]

Any lawyers know if the CBA or KO's contract applies first. It seems there are instances where conflicts exist. Looks like there is room for interpretation.

 

[tentoes4rings]

Yep, she did. They fired him for cause, and then KO’s attorney filed their response. At this point they have seen Ollie’s hand. They should settle now if they are not confident in their argument.

If they press forward and get crushed in court, and the bad publicity continues, allowing dirty laundry to spill, then I think it is now on Herbst.

One lawyer called Ollie’s hand the easiest to read he’s ever seen.

 

[Chief00]

Hey Chief, the statement that KO got a $3M settlement offer... fact or supposition?

Don’t have “Confirmed” level information on that.
In general, Kevin’s future divorce payments and life style has made it difficult for him to reasonably assess the case, in my opinion. Union lawyers, who win or get good settlements in many cases also have not adjusted to the stakes. The stakes here are in the millions rather than tens of thousands - so the school is willing to take it further.

 

[Madmannsucks]

One lawyer called Ollie’s hand the easiest to read he’s ever seen.

We have to realize courts tend to like "employees" more than "employers"....that has been my experience as a former manager who has been involved as a provider of information several times. And once as a litigant.

 

[8893]

Union lawyers, who win or get good settlements in many cases also have not adjusted to the stakes.

KO hired his own outside counsel and is not relying on the union lawyers.

 

[CL82]

So exactly which of the listed items come into play? While so many so called insiders know(or hint at it), NOTHING specific has been leaked to the media. Does anyone but myself find this odd? I mean the highest office in the land cannot keep a secret, but UConn can, except for a privileged few here.

Don't know but it is one of the above or the highlighted verbiage below:

Probably more than one. If I am UConn I'd say we fired you because of 1) violations of NCAA; 2) violations of UConn's policies and official interpretations; 3) neglect of responsibilities; 4) incompetence; repeated documented failure to meet generally accepted standards; 5) possibly insubordination or serious non-compliance with by-laws; and possibly 6) misconduct with a student.

Let me say, I do not know any of the facts, I am speculating based upon the rumors that have been floating and the available grounds for dismissal. If UConn just goes with the NCAA violation, they are foolish and should get new counsel, IMHO.

 

[CL82]

KO hired his own outside counsel and is not relying on the union lawyers.

But they are only working on matters that aren't covered by the union, if I read their letter correctly. That's why it was based on a tenuous due process argument.

 

[Chief00]

But they are only working on matters that aren't covered by the union, if I read their letter correctly. That's why it was based on a tenuous due process argument.

So what part of the meaningful content is not covered by the union? The Due Process stuff was not substance but PR.

 

[CL82]

So what part of the meaningful content is not covered by the union? The Due Process stuff was not substance but PR.

It's a claim. The notice argument could have some degree of legs but damages are going to be hard to prove since KO is still being paid and because, IIRC, the CBA has a stated remedy for insufficient notice.

 

[Chief00]

As a non lawyer, the bottomline is the dismissed employee believes he needs more money than he can realistically receive. That creates a gap until his counsel or union reels him in with some reality about what went on under his watch and the consequences.