Post by elp525 on Aug 11, 2010 4:48:18 GMT -5
August 10, 2010
By Mitch Vingle
The Charleston Gazette
BY ALL accounts, the upcoming season loomed large for West Virginia football coach Bill Stewart.
Yes, his two Mountaineer teams finished with nine wins. They finished within - albeit barely - Top 25 lists. But those performances followed Big East championships and rankings that, in the prior three seasons, didn't fall below No. 10.
Also, there was WVU's embarrassing 33-21 loss to Florida State in last January's Gator Bowl. The 2011 recruiting class - as of now - has little zing. The natives have been restless.
Now, however, the season looms even larger for the coach. Because of the recently released NCAA allegations.
And because of his contract.
If you've followed the saga, you know the NCAA's Notice of Allegations charged that Stewart "failed to promote an atmosphere of compliance within the football program and failed to adequately monitor the duties" of graduate assistants, etc. According to the governing body, he's partly responsible - along with now-Michigan coach Rich Rodriguez and WVU's athletic department - for two secondary and five major violations.
If the NCAA indeed rules that way, that, according to Stewart's contract, could cost the coach millions of dollars.
On Monday the Gazette requested, and on Tuesday received, a copy of Stewart's contract, forwarded by Sue Keller, WVU's Freedom of Information Act Officer. (See link to contract online at wvgazette.com/sports.)
In that contract it clearly states Stewart "shall not breach any local, state or federal laws, ordinances, rules or regulations, or any of the written rules, regulations, policies, procedures or standards of [WVU], the Big East Conference ... or the NCAA.
"Additionally,'' it continues, "Coach shall not knowingly permit or condone directly or indirectly, or by negligent supervision, any player, coach or other individual subject to his control or supervision, to perform any act which reflects adversely on the University, its athletic programs, or otherwise affects the operations of the football program.''
Directly under that paragraph, the "Termination for Cause by University'' section is presented. Within that, the contract outlines when WVU "reserves the right to terminate this Agreement without further obligation.''
No. 1 is the "commission by Coach of a serious or major violation, whether intentional or negligent, or a pattern of violations, of the written rules, regulations, policies, procedures or standards of the NCAA, the University or the Big East Conference.''
Over and over the contract says negligence - which may or may not be the case with Stewart - is not excused.
In the event, says the contract, "Coach is terminated pursuant to this section, Coach shall not be entitled to, nor shall University be required to pay, any portion of the compensation, benefits and/or incentives as set forth'' in the pact.
Stewart's contract runs to Jan. 3, 2014. WVU, via the contract, "agrees to pay liquidated damages to Coach in the amount of [$825,000] per Agreement Year remaining'' if he's terminated without cause.
So, according to the calculations here, Stewart could lose $2.475 million if 1) the NCAA sticks to its allegations of major violations attributed to him; and 2) WVU fires the coach after the final report is issued.
Something to keep in mind is that when Stewart signed his contract, many within the WVU circle were up in arms when an extra year and a buyout clause - in Stewart's favor - were added to the original terms. The signed deal was for six years.
When all goes through the wash, of course, none of the above may matter. Reason one is athletic director Oliver Luck's statement immediately following release of the allegations. "I have spoken at length to coach Bill Stewart and his staff,'' Luck said, "and I am convinced that they believe in operating a fully compliant football program. Coach Stewart and his coaches have my full support, the full support of the Department of Intercollegiate Athletics and the full support of the University.''
Reason two is winning cures many ills. The Mountaineers are in a terrific position to win the Big East and land a Bowl Championship Series berth this season. If WVU defeats LSU, if it defeats conference favorite Pittsburgh, if it wins 10 games - there are a myriad of ways a good taste can be left - Stewart will be fine.
Luck, however, knows his university will only be able to fire with cause, and avoid paying for the remaining years on the Stewart contract, after this season - if, again, the NCAA upholds its own findings.
It's an interesting - albeit not pleasant - twist.
To what should already be an interesting WVU season.
By Mitch Vingle
The Charleston Gazette
BY ALL accounts, the upcoming season loomed large for West Virginia football coach Bill Stewart.
Yes, his two Mountaineer teams finished with nine wins. They finished within - albeit barely - Top 25 lists. But those performances followed Big East championships and rankings that, in the prior three seasons, didn't fall below No. 10.
Also, there was WVU's embarrassing 33-21 loss to Florida State in last January's Gator Bowl. The 2011 recruiting class - as of now - has little zing. The natives have been restless.
Now, however, the season looms even larger for the coach. Because of the recently released NCAA allegations.
And because of his contract.
If you've followed the saga, you know the NCAA's Notice of Allegations charged that Stewart "failed to promote an atmosphere of compliance within the football program and failed to adequately monitor the duties" of graduate assistants, etc. According to the governing body, he's partly responsible - along with now-Michigan coach Rich Rodriguez and WVU's athletic department - for two secondary and five major violations.
If the NCAA indeed rules that way, that, according to Stewart's contract, could cost the coach millions of dollars.
On Monday the Gazette requested, and on Tuesday received, a copy of Stewart's contract, forwarded by Sue Keller, WVU's Freedom of Information Act Officer. (See link to contract online at wvgazette.com/sports.)
In that contract it clearly states Stewart "shall not breach any local, state or federal laws, ordinances, rules or regulations, or any of the written rules, regulations, policies, procedures or standards of [WVU], the Big East Conference ... or the NCAA.
"Additionally,'' it continues, "Coach shall not knowingly permit or condone directly or indirectly, or by negligent supervision, any player, coach or other individual subject to his control or supervision, to perform any act which reflects adversely on the University, its athletic programs, or otherwise affects the operations of the football program.''
Directly under that paragraph, the "Termination for Cause by University'' section is presented. Within that, the contract outlines when WVU "reserves the right to terminate this Agreement without further obligation.''
No. 1 is the "commission by Coach of a serious or major violation, whether intentional or negligent, or a pattern of violations, of the written rules, regulations, policies, procedures or standards of the NCAA, the University or the Big East Conference.''
Over and over the contract says negligence - which may or may not be the case with Stewart - is not excused.
In the event, says the contract, "Coach is terminated pursuant to this section, Coach shall not be entitled to, nor shall University be required to pay, any portion of the compensation, benefits and/or incentives as set forth'' in the pact.
Stewart's contract runs to Jan. 3, 2014. WVU, via the contract, "agrees to pay liquidated damages to Coach in the amount of [$825,000] per Agreement Year remaining'' if he's terminated without cause.
So, according to the calculations here, Stewart could lose $2.475 million if 1) the NCAA sticks to its allegations of major violations attributed to him; and 2) WVU fires the coach after the final report is issued.
Something to keep in mind is that when Stewart signed his contract, many within the WVU circle were up in arms when an extra year and a buyout clause - in Stewart's favor - were added to the original terms. The signed deal was for six years.
When all goes through the wash, of course, none of the above may matter. Reason one is athletic director Oliver Luck's statement immediately following release of the allegations. "I have spoken at length to coach Bill Stewart and his staff,'' Luck said, "and I am convinced that they believe in operating a fully compliant football program. Coach Stewart and his coaches have my full support, the full support of the Department of Intercollegiate Athletics and the full support of the University.''
Reason two is winning cures many ills. The Mountaineers are in a terrific position to win the Big East and land a Bowl Championship Series berth this season. If WVU defeats LSU, if it defeats conference favorite Pittsburgh, if it wins 10 games - there are a myriad of ways a good taste can be left - Stewart will be fine.
Luck, however, knows his university will only be able to fire with cause, and avoid paying for the remaining years on the Stewart contract, after this season - if, again, the NCAA upholds its own findings.
It's an interesting - albeit not pleasant - twist.
To what should already be an interesting WVU season.
