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Not entirely true. While the university could be on the hook, Petrino is also. Mike Dubose had to pay $300,000 out of his own pocket.
This post was edited by airharper 2 years ago
+1 Agree with this, samp. Petrino has climbed the coaching ladder about as fast as Malzahn, and he may wind up in the same boat.. coaching in obscurity in some dead-end job.
The price of victory is high, but so are the rewards.
Its not the girl, her fiance or Petrino that they have to worry about, its the people they've fired for sexual harassment (inappropriate relationships with subordinates) in years past. You fire one you fire them all.
And what about any candidates that wanted the job that she got as reward for screwing Petrino? Seems that they would have a case also.
I do this for a living (employment law) and spent several years in the legal dept. of a large company making things like this go away, so I will tell you how it will work. The only way to keep her from suing without a payoff is to leave her in her job (not advisable). Even if you also fire CBP, she will still attempt some type of quid pro claim, that she lost her job because the sexual relationship ended. She could resign, but she would be pretty stupid to do that without feeling out the idea of a settlement first. So it is likely either her lawyer will approach Arky or Arky will approach her about a severance agreement.
Any severance agreement will include a release of all claims against Arky AND all of its employees, agents, etc. So any settlement will include CBP. Otherwise, the U pays a settlement yet still has the public embarrassment of a court case. If as part of its deal with CBP, the U wants to require him to pay some of it, they can. However I doubt his contract requires something like that, so he would have to agree to it. That will therefore only happen IMO if they decide to keep him and he agrees to do anything they want in exchange.
EDIT: the agreement will also include a strict confidentiality agreement.
This post was edited by Augustus_McRae 2 years ago
I would not characterize this as a huge risk to the University. The U is allowed to make different decisions in different situations as long as the differences are not based on impermissible discriminatory factors (race, gender, etc.) Any lawsuits like this should go away quickly and relatively inexpensively.
If a man sought that job, he would have a gender discrimination claim perhaps (though most people looking to move up in athletic depts. would not want to sue a potential employer). A woman would not have a claim in most circumstances as most circuits hold that is neither discrimination (since a woman got the job) nor harassment (since no one came on to the woman suing at all). Some circuits do hold this is sexual harassment, but I doubt Arky's circuit does. Probably not a major source of legal risk to Arky - it's more a massive employee morale problem if they keep CBP.
Love all the legal wrangling going on, but since I get enough of that during the work week, all I will say is that every lawyer has an opinion, or at least contends he does. Truth be told, if Arky lets this devolve into a legal squabble the entire athletic department will suffer. If wiser heads prevail, it will be settled, and unfortunately for BP, the best settlement from Arky's point of view would be to cut ties with BP. He's a known liar, he's a known, and admitted adulterer, and he has - at least from appearance sake - used his position to hire, or have hired, his mistress for a job she is apparently unqualified to handle and for which she is overpaid, based on her known qualifications. Oh, he also filed a false police report. Being a relatively successful football coach is the only thing that has BP hanging on at this point - any other University employee caught in such a mess would have been fired within 15 minutes of that person's supervisor learning of the lies and misuse of the position occupied by the employee. I'm not saying Arky will do the wise thing and as a Bama fan I will get a perverse sense of happiness if they screw it up. Doesn't this make you wonder how BP would ever be able to sit in some Mama's living room and talk about the high integrity he brings to the game and the standards he makes his team live up to? Ha! What a freakiing joke.
Agree with everything you said. Only thing is Petrino didn't recruit that well to begin with. He takes 3*s and coaches them up. Sad thing is I don't know how much of a factor integrity is to a lot of these kids. Going to the NFL, having their ego stroked and playing sec football all seem o be more important than the coaches character.
Look at coach Cal. He has a questionable background (albeit different then CBP) and you know the other coaches hammer that on the recruiting trail yet look at the kids he pulls in.
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