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 An insiders prespective... 
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Post Re: An insiders prespective...
Bobcat.taxman wrote:
And thinking Trauth or the BOR would release an AD that (by normal performance standards, not whinny "we're not winning at football or Men's basketball only" metric) is doing a good job over releasing a failing football coach is myopic and cloud-nine thinking.


Considering that Teis is losing donors like they are singles at a strip club, it's really tough to say he's doing a good job.

Also, considering the sports that generate ANY level of material revenue have been lagging again says he is NOT doing a good job.

And has already been pointed out regarding your statement of "at will" statehood... You are simply flat out wrong.

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Wed Oct 31, 2018 5:36 pm
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Post Re: An insiders prespective...
Saul Goodman wrote:
TXSTRiverBobcat wrote:
(except maybe Maryland... :shock:)

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BREAKING -- DJ Durkin fired as #Maryland head coach.

Lol spoke too soon.


Wed Oct 31, 2018 5:43 pm
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Post Re: An insiders prespective...
Bobcat.taxman wrote:

And thinking Trauth or the BOR would release an AD that (by normal performance standards, not whinny "we're not winning at football or Men's basketball only" metric) is doing a good job over releasing a failing football coach is myopic and cloud-nine thinking.

Really curious what you and your buddy run faster actually think an athletic director's job is.

By "normal performance standards," any other University would have fired him long ago.


Wed Oct 31, 2018 5:45 pm
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Post Re: An insiders prespective...
Saul Goodman wrote:
TXSTRiverBobcat wrote:
(except maybe Maryland... :shock:)

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@BruceFeldmanCFB
BREAKING -- DJ Durkin fired as #Maryland head coach.


Excellent timing. :lol:


Wed Oct 31, 2018 6:48 pm
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Post Re: An insiders prespective...
TXSTRiverBobcat wrote:
Bobcat.taxman wrote:

And thinking Trauth or the BOR would release an AD that (by normal performance standards, not whinny "we're not winning at football or Men's basketball only" metric) is doing a good job over releasing a failing football coach is myopic and cloud-nine thinking.

Really curious what you and your buddy run faster actually think an athletic director's job is.

By "normal performance standards," any other University would have fired him long ago.


Like I've been saying for years now anywhere outside of academia in the private sector he would have and should have been canned a long, long ago.

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Wed Oct 31, 2018 7:04 pm
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Post Re: An insiders prespective...
BF300, can you tell us if you've had any experience with Texas State prior to your son's involvement (alum, visited, fan, etc). or is your son's experience your first?


Wed Oct 31, 2018 11:42 pm
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Post Re: An insiders prespective...
:sombrero: :sombrero: :sombrero:
:texasstate: :texasstate: :texasstate:



It really bugs me when people talk "intelligently" when they haven't even done base research.....so I went back to Withers' contract that someone posted a few months ago.


Yes, there are not one, not two, not three, not four......there are TONS of clauses where said contract can be terminated at any time and for any reason (at will, surprise surprise). Took me all of five seconds to find the paragraphs and subsections. I was surprised that people here were talking like they knew more than the University's lawyers who wrote the contract. Lo and Behold, sure enough the contract is written in such a way that even a recent law school grad would be able to effect it's termination.

So yes, Withers can be fired today WITH cause for job performance (it's LITERALLY in the FIRST page) and he would not be entitled to "100% of his contract." I'm sure the University would agree to an amicable buy out (which again, even a buy out is not guaranteed based on how the contract is written) to avoid lengthy litigation, but I was correct. That contract, being written by a competent lawyer for a major University in the State of Texas, has several at will provisions baked into it.

Learn. To. Read. People.


https://2michy3wy0l30d34041dt1et-wpengi ... ntract.pdf


Thu Nov 01, 2018 7:39 pm
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Saul Goodman wrote:
incorrect. the man has a contract w/ specifics on what he can/can't be fired for, and what the compensation is for each. at-will state has nothing to do w/ this situation.




Reading comprehension still not your forte.....


Thu Nov 01, 2018 7:52 pm
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BobcatSideEye wrote:
Yep, and Withers would be owed the rest of his contract at that point.




Withers is entitled to $0 if he is released for performance. Even the buyout would not be guaranteed. A smart and competent lawyer for the Texas State University System made sure of that.

Heck, even subsection "F" of 1.04 states Withers could have been released for his little snarky stunt at the press conference a few weeks ago if Teis had wanted to be a jerk about it and hold him accountable.


Thu Nov 01, 2018 7:54 pm
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Post Re: An insiders prespective...
your ignorance shouldn't surprise me at this point, i guess, but your willingness to consistently double-down on it continues to do so.

coaches get fired w/o compensation for ncaa violations or scandals. they do not get fired w/o compensation for win/loss.

$12.1mil todd graham
$12mil jim mora jr
$11.8mil bret bielama
$9.9mil kevin sumlin
$2.75mil mack brown
$1.5mil mark hudspeth
$1mil tony levine
$675k tyson summers
$300k trent miles
$0 mike leach

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Thu Nov 01, 2018 10:03 pm
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Post Re: An insiders prespective...
Bobcat.taxman wrote:
Saul Goodman wrote:
incorrect. the man has a contract w/ specifics on what he can/can't be fired for, and what the compensation is for each. at-will state has nothing to do w/ this situation.




Reading comprehension still not your forte.....


Taxman, you're wrong. I draft and interpret contracts for a living. "Cause" is defined in 3.05(b) and expressly excludes 1.04(b)*, which is the "football team's competitiveness and performance on the field", from the duties for which Withers can be fired for cause.

*I will provide a caveat that the standards in Section 1.04 are not "duties" per se since the duties are expressly outlined in Section 1.02. The factors in Section 1.04 are what Teis uses in his evaluation of the football coach. However, the intent is clear that Withers cannot be fired for cause due to fielding losing teams.


Fri Nov 02, 2018 11:29 am
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Post Re: An insiders prespective...
If coaches were given no buyout for just not winning, no coaches would get a buyout!


Fri Nov 02, 2018 11:34 am
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jh1456 wrote:
Taxman, you're wrong. I draft and interpret contracts for a living. "Cause" is defined in 3.05(b) and expressly excludes 1.04(b)*, which is the "football team's competitiveness and performance on the field", from the duties for which Withers can be fired for cause.

*I will provide a caveat that the standards in Section 1.04 are not "duties" per se since the duties are expressly outlined in Section 1.02. The factors in Section 1.04 are what Teis uses in his evaluation of the football coach. However, the intent is clear that Withers cannot be fired for cause due to fielding losing teams.


In one regard, taxman is actually correct. The university can walk into his office today and terminate him for whatever reason they want and claim it is for cause based on the duties listed in the contract.

He just doesn't seem to grasp that any court in the land will laugh that out of court and tell the university to pay the payoff as outlined in the contract as well as his legal fees, and (I doubt this part, but it's possible) punitive damages for hurting his coaching career.

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Fri Nov 02, 2018 1:18 pm
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TheRevSWT wrote:
jh1456 wrote:
Taxman, you're wrong. I draft and interpret contracts for a living. "Cause" is defined in 3.05(b) and expressly excludes 1.04(b)*, which is the "football team's competitiveness and performance on the field", from the duties for which Withers can be fired for cause.

*I will provide a caveat that the standards in Section 1.04 are not "duties" per se since the duties are expressly outlined in Section 1.02. The factors in Section 1.04 are what Teis uses in his evaluation of the football coach. However, the intent is clear that Withers cannot be fired for cause due to fielding losing teams.


In one regard, taxman is actually correct. The university can walk into his office today and terminate him for whatever reason they want and claim it is for cause based on the duties listed in the contract.

He just doesn't seem to grasp that any court in the land will laugh that out of court and tell the university to pay the payoff as outlined in the contract as well as his legal fees, and (I doubt this part, but it's possible) punitive damages for hurting his coaching career.


"... hurting his coaching career." HAHAHAHAHAHA

At this point, Withers has already done that to himself.

(I know what you meant, just found the wording funny.)

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Fri Nov 02, 2018 1:55 pm
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Post Re: An insiders prespective...
yeah, words are not my forte, in spite of me using a WHOLE lot of them.

I'm no Will Butler.

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