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PirateVOL
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« on: January 18, 2021, 10:15:22 EST » |
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Dear Jeremy,
This letter constitutes a notice that the University of Tennessee intends to terminate the Employment Agreement (“Agreement”) that you singed on July 24, 2018, pursuant to Section 3.2 of that Agreement (“Termination by University for Cause”) effective at 5 p.m. on Tuesday, January 19, 2021.
You were hired to be the Head Football Coach and to be “responsible for performing duties ordinarily associated with and performed by head football coaches at a major university that participates in intercollegiate football competition at the NCAA Division I Football Bowl Subdivision level, in compliance with Governing Athletic Rules, University Rules and the law.” (Section 4.1)(emphasis added).
These duties include “leading, supervising, evaluating, recruiting … the University’s football team to compete successfully in the SEC and nationally.” (Section 4.1(a)). In addition, your duties include the “recruitment, hiring, supervision” of the football team’s assistant coaches. (Section 4.1 (c)). You were responsible for “becoming knowledgable of and complying with all Governing Athletic Rules and University Rules.” (Section 4.1 (e)).
More specifically, your duties include: “As contemplated by Governing Athletic Rules, promoting and advancing institutional control over every aspect of the football program; promoting and maintaining an atmosphere of compliance with Governing Athletic Rules and University Rules within the football program; monitoring all employees who report directly or indirectly to [you], and students on the football team under [your] supervision, and taking other reasonable steps to ensure that such persons know and strictly comply with Governing Athletic Rules and University Rules ….” (Section 4.1 (f)).
Even more specifically, your duties include: “Engaging in a reasonable actions in the development, implementation, management, and monitoring of all aspects of prospective football student-athlete recruiting, including but not limited to: recruiting contacts, evaluations, official visits, telephone calls and other communications, improper benefits, and any travel-related activities prospective student-athletes and the football program’s coaching staff …” (Section 4.1 (g)).
Section 3.2 of your Agreement states that the University may terminate your Agreement for Cause. “Cause” exists if, “in the reasonable and good faith judgement of the University,” you have engaged in the following:
(a) Conduct or omission(s) by Coach that constitutes a Level I or Level II violation of one or more Governing Athletic Rules; or conduct or omission(s) by Coach that is likely to lead to a NCAA finding of a Level I or Level II violation of one or more Governing Athletic Rules. Such conduct or omission(s) includes but is not limited to multiple Level III violations of Governing Athletic Rules considered collectively to be a Level I or Level II violation. The University must exercise its reasonable and good faith judgment in making a determination that Cause exists pursuant to this Section 3.2.2, and such a determination must be based in substantial part on information received by the University relating to an investigation conducted by the NCAA enforcement staff, the SEC, legal counsel retained or employed by the University, and/or the Athletics Department’s compliance office;
(b) Conduct or omission(s) by a person who reports, directly or indirectly, to Coach that constitutes a Level I or Level II violation of one or more Governing Athletic Rules and involves either material neglect or lack of reasonable preventative compliance measures by Coach; or conduct or omission(s) by a person who reports, directly or indirectly, to Coach that is likely to lead to a NCAA finding of a Level I or Level II violation of one or more Governing Athletic Rules and involves either material neglect or lack of reasonable preventative compliance measures by Coach [as stated in the lead paragraph in this Section 3.2.2, the University must exercise its reasonable judgement in making this determination]. Such conduct or omission(s) include but is not limited to multiple Level III violations of Governing Athletic Rules considered collectively to be a Level I or Level II violation;
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(d) As contemplated by Governing Athletic Rules governing the same, Coach’s: failure to promote and maintain an atmosphere of compliance with Governing Athletic Rules and University Rules within the football program; failure to monitor all employees who report directly or indirectly to Coach, and student-athletes on the football team; or knowing failure to take other reasonable steps to ensure that such persons know and strictly comply with Governing Athletic Rules and University Rules including, but not limited to, requiring them to attend compliance education sessions, encouraging them to seek interpretations as necessary, taking compliance into account when evaluating their performance, and applying appropriate disciplinary measures in the event of a violation;
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(m) Conduct or omission(s) by Coach that constitutes material neglect or inattention by Coach to the standards or duties generally expected of University employees and specifically required of Coach under this Agreement (however, such conduct or omission(s) shall not constitute Cause if, in the University’s reasonable and good faith judgement, the breach is capable of being cured, and Coach cures the breach within fifteen (15) calendar days after written notice by the University specifying the nature of the breach);
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(cc) Conduct or omission(s) by Coach which brings or is substantially likely to bring Coach and/or the University into considerable public disrepute, embarrassment, contempt, scandal or ridicule;
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(ee) Any other material breach by Coach of Coach’s duties or responsibilities under this Agreement if: (i) in the University’s reasonable and good faith judgement, the breach is capable of being cured and Coach fails to cure the material breach; or (ii) in the University’s reasonable and good faith judgement, the breach is not capable of being cured.
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On November 13, 2020, the University received information suggesting serious NCAA violations in the football program. On November 19, 2002, the University’s general counsel retained Bond Schoeneck & King to investigate potential NCAA violations. In accordance with its responsibility as a member institution, the University notified the NCAA of potential violations, and an active NCAA investigation is ongoing. On January 14, 2021, you were interviewed for approximately seven hours by the NCAA enforcement staff and attorneys retained by the University, and you were presented with evidence of serious NCAA rules violations by members of your coaching staff and others affiliated with the football team. In that interview, you were given the opportunity to respond to the evidence. Your counsel also asked you questions during that interview. In addition, on January 18, 2021, you met with both of us to discuss our concerns with these rules violations and your failure to properly monitor your staff.
Based upon information the investigation uncovered to date, my consultation with the athletics department compliance office, and our meeting, the University has concluded (in its reasonable and good faith judgement) that the conduct by at least two assistant coaches and several recruiting staff members are likely to lead to an NCAA finding of a Level I and/or Level II violations of one or more Governing Athletic Rules. The University also has concluded that these likely findings were the result of either your material neglect or lack of reasonable preventative compliance measures.
In addition, the University has concluded that the NCAA will likely find that you failed to promote an atmosphere of compliance within the football program and/or monitor the activities of the coaches and staff members who report, directly or indirectly, to you and will find you responsible for a Level I or Level II violation. As you know, under NCAA Bylaw 11.1.1.1, the head coach is presumed to be responsible for the actions of all institutional staff members who report, directly or indirectly, to the head coach.
Your failure to promote and maintain an atmosphere of compliance and to monitor the activities of the coaches and staff members that report, directly or indirectly, to you has led to the current NCAA investigation and is bringing and will likely continue to bring the University into considerable public disrepute, embarrassment, contempt, scandal, and/or ridicule.
Your failure to carry out the duties of your employment with the University has jeopardized the eligibility of our student athletes. Accordingly, we are terminating your employment with the University for cause under Sections 3.22 (a), (b), (m), (cc), and (ee).
Pursuant to your Agreement, you have the opportunity to meet with us against before the intended effective date of your termination to respond to the concerns raised in this letter. If you would like that opportunity, please notify me via email by 8 p.m. today. If I do not hear from you by then, your termination will be effective at 5 p.m. tomorrow, Tuesday, January 19.
Beginning immediately, you are suspended with pay pending the effective date of your termination. You are to relinquish all University property (including University issued keys, phones, and access cards) in your possession to Tyler Johnson in accordance with Section 12.8 of your Agreement, and you are to leave the building immediately. You are directed not to contact, directly or indirectly, current student athletes, prospective student athletes, or employees of the athletics department prior to the effective date of your termination. If you would like the opportunity to address the team, we can make arrangements for you to record a video statement, and (provided we find the content acceptable) we will share that with the team.
It is a sad day for all of us and I hope we all rebound from this unfortunate chapter. We wish you the best of luck.
Sincerely,
Donde Plowman, Chancellor
Phillip Fulmer, Vice Chancellor/Director of Athletics
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