Leach termination letter released - KCBD NewsChannel 11 Lubbock

12/30/09

Leach termination letter released

Posted:

LUBBOCK, TX (KCBD) - Texas Tech University has released the resignation letter presented to Texas Tech Red Raiders head football coach Mike Leach. The letter is from Tech Athletic Director Gerald Myers, Chancellor Kent Hance and TTU President Guy Bailey.

The letter says:

"Dear Coach Leach,

This letter shall serve as formal notice to you that, pursuant to Article V of your Employment Contract, you are terminated with cause effective immediately, for breach of the provisions of Article IV of that Contract."

Article V, Subsection D states:
BY UNIVERSITY WITHOUT CAUSE:

In addition to the provision set forth above, there is also reserved to the University the right to terminate this agreement without cause at any time and for any reason. The parties agree that in the event this right to terminate is exercised, the University will pay to Coach liquidated damages in an amount equal to $400.000 for each year remaining in the Term, pro rated as of the date of termination. It is agreed that University shall also pay any Supplemental Compensation set forth in Article III.C.4 above earned prior to such termination. In such event, the University shall not be liable to Coach for any other University benefits, perquisites or any collateral business opportunities, outside income revenues or guarantees or other benefits associated with Coach's position as Head Football Coach.

Article IV states:
PERFORMANCE

In the performance of his duties, Coach shall be directly responsible to and under the supervision of the Director of Intercollegiate Athletics. Without limitation of the foregoing, Coach, in the performance of his duties, shall conduct himself at all times in a manner consistent with his position as an instructor of students. The parties agree that, although this agreement is sports related, the primary purpose of the University and this agreement is educative. Thus, the educative purposes of the University shall have priority in the various provisions of this Agreement. Coach will follow all applicable University policies and procedures. Coach shall not, either directly or indirectly, breach or countenance to the breach by any player or coach subject to his control or supervision of any of the rules and standards of the Big 12 Conference, the NCAA, youth, collegiate, and master's amateur athletics as well as other associations or agencies to which the University adheres. In this connection, Coach agrees to devote his entire time, labor, effort and attention, in good faith, to conduct and perform the duties commensurate with the position as Head Football Coach, bearing in mind that University recognizes and accepts that Coach has the ability to engage in reasonable Outside Income producing activities as defined in Article III.C.3. Coach shall assure the fair and responsible treatment of student-athletes in relation to their health, welfare and discipline. Breach of such rules and standards, whether willful or through negligence, may be subject to disciplinary action and penalties ranging from termination, public or private reprimand to monetary fines or adjustments in compensation or adjustments in the term of this contract as determined by the President following consultation and review with the Director of Intercollegiate Athletics. The provision of this Article IV shall be without prejudice to any right the University may have under Article V of this Agreement.

Unless notice of termination of employment has been given to Coach in accordance with Articles V.A. or V.D. below, Coach shall not engage in discussions or negotiate, either directly or indirectly, concerning Coach's prospective employment by any other employer without first providing prior written notice to the Director of Intercollegiate Athletics of such discussions or negotiations. Failure to provide such notice may be considered a material breach of this Agreement.

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Coverage of Mike Leach Termination
Just days before the Alamo Bowl, Mike Leach was first suspended and then terminated as head coach of the Texas Tech football team. Click here for continuing coverage.
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