Experts say that legal headaches could start at Northwestern

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Experts say that legal headaches could start at Northwestern, WVU, with Fitzgerald, Huggins.

 Pat Fitzgerald, Bob Huggins and their schools could be in for a legal nightmare.


 Fitzgerald , Northwestern's football coach , was fired this past week after hazing accusations --- but only after the school announced a 2-week suspension. West Virginia claimed Huggins resigned following the Hall of Fame Basketball Coach's arrest on a drunken driving charge last month. But Huggins now claims he did not make such a decision.


 Attorneys are trying to sort it out, which requires a detailed review of the contracts. However, industry observers are shocked by the awkward handling of two high profile contracts worth millions of dollar. Marty Greenberg is a Milwaukee attorney who specializes in coach's contracts and terminations.


 
  
   
    
     
      
       
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        Oklahoma State has seen a lot of turnover on the transfer portal. The Cowboys have lost eight starters out of 18 players who entered the transfer portal in the last season.
       
      
     
    
    
     
      
      
      
       
        Northwestern has decided to keep its assistant coaches and staff for the 2023 football season, after firing head coach Pat Fitzgerald over a hazing controversy.
       
      
     
    
   
  
 


 Greenberg said that many of these issues are settled because no one wants their dirty laundry exposed.


 Northwestern initially suspended Fitzgerald for two weeks, without pay, on July 7, claiming that a law firm investigation had not found enough evidence to prove the coaching staff was aware of ongoing hazing. The school changed its position on Monday after the Daily Northwestern published stories alleging hazing and racism in the football team. President Michael Schil stated that hazing is "widespread", and not a hidden in the program. Northwestern's Assistant Coaches and Support Staff will be retained.


 A lawyer for Fitzgerald has told ESPN that school violated an oral contract.


 Andrew Rhoden, an attorney from Dallas who has represented college coaches, said: "Without doubt the Northwestern case is the most puzzling because the university told him that he would be getting a 2-week suspension." "For them reverse the decision, is actually the most puzzling I've heard."


 Fitzgerald signed a ten-year contract in 2021, and he will reportedly receive more than $40 million over the course of the contract.


 Bill Robers teaches sports law at University of Colorado. He has represented sports entities, coaches and athletes in contract negotiations.


 Huggins' situation is even more bizarre than Fitzgerald's.


 West Virginia announced that Huggins had resigned the day following his arrest on June 16, based in part upon a text sent by Huggins's wife to a Deputy Athletic Director. A week later was named as an interim replacement for the 2023-24 football season.


 Huggins didn't release a statement until July 8, saying that he had never officially resigned and wanted to keep his position.


 Robers said, "It is very odd to come back here and say, 'yeah uh, nevermind'."


 West Virginia has maintained that Huggins resigned despite the fact that the coach claimed the university issued a "false" statement that he did not write or review.


 Huggins also used a homophobic insult and denigrated Catholics in a radio interview conducted in May. Huggins' salary of $4.15m was reduced by $1m and his contract was changed to a year-byyear review.


 Huggins faces a DUI charge. According to the contract signed in 2021, he could be fired for cause if he engages in conduct that results in criminal charges.


 The university presidents and governing board have the final say on contract decisions. They could be involved in a messy legal battle. They often seek advice from their attorneys. General counsels have many other duties.


 Rhoden suggested that every Power Five Conference school should dedicate a part of their general counsel office to sport, especially in light of the recent rise of compensation for name, likeness, and image.


 Rhoden said, "It is no longer possible to rely solely on your general attorney." "We're going see, especially with the NIL stuff and investigations, that it's just too much for an individual to handle."


 Experts aren't certain if firing coaches, especially for "cause" misconduct or other serious offenses, has become more difficult. As coaching salaries have risen over the last few decades, their contracts include provisions relating to duties and responsibilities as well as rules enforcement, moral standards, and upholding school's reputation.


 Greenberg said, "The contracts I signed when I first started out were relatively simple." "Sports contracts have become more complex." It's not for the average lawyer or novice. You need to be experienced and know where the problems lie."


 Ty Thomas, who heads a sports industry group at Holland & Knight in Washington, warned schools to be cautious because "terminating a coaching 'for cause,' may hinder your ability to recruit a new coach." Anytime you terminate a coach for a "cause", you are making a strong statement.


 Other coaching splits ended up in court due to NCAA and buyout issues. These include ex-UConn basketball coach Kevin Ollie, and former Kansas football coach David Beaty.


 Tennessee cited NCAA rule violations in firing football coach Jeremy Pruitt and negating his $12.6million buyout. The NCAA notified Tennessee last year of 18 major rule violations under Pruitt.


 Art Briles was awarded a $15 million settlement by Baylor in 2016 after he was fired from the university following allegations that his football staff and he had failed to take action against players accused sexual assault.


 West Virginia has had a history of messy coaching departures, including issues with buyouts after football coach Rich Rodriguez and basketball coach John Beilein both left for Michigan in 2007


 The Dallas attorney Rhoden earned a master's from West Virginia. He also served as a defensive-quality control specialist in Rodriguez's office. He said Huggins’ situation puts the school "on a slippery slope."


 He said that if they do not handle this situation correctly, "many coaches will be hesitant to come to West Virginia."


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 AP sports: https://apnews.com/hub/sports and https://twitter.com/AP_Sports

The legal headaches could only be starting for Pat Fitzgerald and Bob Huggins — and their schools.

Fitzgerald was fired this week as Northwestern’s football coach following hazing allegations —- but after the school had first announced a two-week suspension. West Virginia said Huggins had resigned after the Hall of Fame basketball coach’s arrest last month on a drunken-driving charge — but he now says he made no such decision.

Attorneys are looking to sort it all out, a process that requires a precise review of their contracts, but industry observers are stunned by the awkward-at-best handling of two high-profile contracts worth millions of dollars. If the cases wind up in court, it would be in everyone’s best interest to seek a quick resolution, said Marty Greenberg, a Milwaukee attorney specializing in coaches’ contracts and terminations.

FILE - New York Jets' Quinnen Williams speaks to reporters after a practice at the NFL football team's training facility in Florham Park, N.J., May 24, 2022. Williams and the Jets have agreed, Thursday, July 13, 2023, to a four-year contract extension worth $96 million, according to a person with knowledge of the deal. (AP Photo/Seth Wenig, File)

A person with knowledge of the deal says All-Pro defensive tackle Quinnen Williams and the New York Jets have agreed to a four-year contract extension worth $96 million.

FILE - Southeastern Conference Commissioner Greg Sankey speaks during SEC Media Days, July 18, 2022, in Atlanta. The Southeastern Conference and Commissioner Greg Sankey have agreed to a contract extension through 2028. Financial terms were not disclosed in the release on Thursday, July 13, 2023. (AP Photo/John Bazemore, File)

The Southeastern Conference and Commissioner Greg Sankey have agreed to a contract extension through 2028. Financial terms were not disclosed in the release on Thursday.

Mascots listen to Big 12 Commissioner Brett Yormack speak at the opening of the NCAA college football Big 12 media days in Arlington, Texas, Wednesday, July 12, 2023. (Sara Diggins/Austin American-Statesman via AP)

Oklahoma State has had plenty of turnover in the transfer portal. The Cowboys lost at least eight starters among 18 players who went into the transfer portal since last season.

FILE - Northwestern head coach Pat Fitzgerald watches his team during the second half of an NCAA college football game against Rutgers in Evanston, Ill., Oct. 16, 2021. Northwestern has fired Fitzgerald Monday, July 10, 2023, amid a hazing scandal that called into question his leadership of the program and damaged the university's reputation after it mishandled its response to the allegations. (AP Photo/Nam Y. Huh, File)

Northwestern has decided to retain its assistant coaches and support staff for the 2023 season after it fired head coach Pat Fitzgerald amid a hazing scandal.

“A lot of these things end up settled because no one wants to hang their dirty laundry out,” Greenberg said.

Northwestern originally suspended Fitzgerald for two weeks without pay July 7, saying a law firm’s investigation did not find sufficient evidence that the coaching staff knew about ongoing hazing. On Monday, following the publication of stories alleging not only hazing but racism in the football program by the Daily Northwestern student newspaper, the school changed its stance and fired Fitzgerald. President Michael Schil said the hazing was “widespread” and not a secret within the program. Northwestern’s assistant coaches and support staff are being retained.

A lawyer for Fitzgerald told ESPN that the school breached an oral agreement.

“Without a doubt the Northwestern one is most puzzling for the fact that the university told him he was getting a two-week suspension,” said Andrew Rhoden, a Dallas lawyer who has represented college coaches. “For them to reverse the decision is actually the most puzzling thing I’ve heard of.”

Fitzgerald signed a 10-year contract in 2021 and he reportedly had more than $40 million coming though the life of the deal.

The Fitzgerald situation is “kind of a mess because nobody outside of there really even knows what all of the allegations are,” said Bill Robers, who teaches sports law at the University of Colorado and has represented sports entities, athletes and coaches in contract negotiations.

If Fitzgerald’s case is messy, Huggins’ predicament is downright bizarre.

West Virginia announced the day after Huggins’ June 16 arrest that he had resigned, based in part on a text message sent from the cell phone of Huggins’ wife sent to a deputy athletic director. A week later, an interim replacement was named for the 2023-24 season.

It wasn’t until July 8 that Huggins released a statement saying he never officially stepped down and wants to keep his job.

“It’s very odd, obviously, to come back and say ’yeah, uh, nevermind,’” Robers said.

West Virginia is sticking with its stance that Huggins resigned, even though the coach accused the university of issuing a “false statement” sent in his name that he didn’t write or review.

Add to that Huggins’ use of a homophobic slur and denigration of Catholics during a radio interview in May. After that incident, Huggins was suspended for three games, his salary of $4.15 million was cut by $1 million and his contract was reduced to a year-by-year review.

Huggins is facing a DUI charge. Under the contract he signed in 2021, the university could fire him for cause for conduct resulting in criminal charges, regardless of a conviction.

University presidents and governing boards have the last say in contract decisions that could get dragged into an ugly legal battle. That’s why they typically turn to their attorneys for guidance. But general counsels often have other daily duties, too.

Rhoden suggested every Power Five conference school should dedicate part of its general counsel office to sports, especially with the recent emergence of name, image and likeness compensation for athletes.

“It’s no longer possible to just rely on your general counsel,” Rhoden said. “What we’re going to start seeing, especially with this NIL stuff and these investigations, is that it’s too much for that individual to try to take on.”

The experts aren’t sure whether coach firings, especially “for cause” misconduct or other serious violations, have become more challenging. But as coaching salaries have ballooned over the past few decades, their contracts now include layers of provisions concerning duties and responsibilities, rules enforcement, moral standards and upholding a school’s reputation, among other things.

“The contracts when I started out were fairly simple,” Greenberg said. “This has become a most sophisticated area of sports contracts. It’s not for the novice or for the normal lawyer. You have to have experience and understand where the problems are.”

Ty Thomas, who leads a sports industry team at the Holland & Knight firm in Washington, said schools have to be careful because “terminating a coach ‘for cause’ may chill your ability to recruit the next coach. For any institution, anytime you’re doing a ‘cause’ termination, you’re making something that’s a pretty strong statement.”

Other coaching splits have ended up in court over NCAA and buyout issues, including former UConn basketball coach Kevin Ollie and ex-Kansas football coach David Beaty.

Tennessee cited NCAA rules issues in firing football coach Jeremy Pruitt in 2021 and negating his $12.6 million buyout. Last year, the NCAA notified Tennessee of 18 major rules violations under Pruitt.

Art Briles received a $15 million settlement from Baylor after the university fired him in 2016 following allegations that he and his football staff took no action against players accused of sexual assault.

West Virginia has a history of messy coaching exits, including buyout issues after basketball coach John Beilein and football coach Rich Rodriguez both left for Michigan in 2007.

Rhoden, the Dallas attorney, earned a master’s degree from West Virginia and served as a defensive quality control specialist on Rodriguez’s staff. He said Huggins’ situation puts the school on “a slippery slope.”

“Many coaches are going to be kind of leery about coming to West Virginia if they don’t do this situation right,” he said.

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AP sports: https://apnews.com/hub/sports and https://twitter.com/AP_Sports