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Monday, December 23, 2019

David Beaty’s lawyers file partial motion for summary judgment on lawsuit

Kansas head coach David Beaty watches as Iowa State gets deep into Kansas territory during the second quarter, Saturday, Nov. 3, 2018 at Memorial Stadium.

Kansas head coach David Beaty watches as Iowa State gets deep into Kansas territory during the second quarter, Saturday, Nov. 3, 2018 at Memorial Stadium.

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Lawyers for former University of Kansas head football coach David Beaty filed on Friday a partial motion for summary judgment on their breach of contract claim in U.S. District Court for the district of Kansas.

Fired by KU in November of 2018, Beaty filed a lawsuit this past March alleging Kansas Athletics owed him $3 million for firing him without cause, per the contract extension he signed in 2016.

“It is beyond dispute that (Kansas Athletics) terminated the agreements without cause,” Beaty’s lawyers continue to argue in the latest filing, which asks the court to grant summary judgment on the matter.

A memo in support of the latest filing presents aspects of Beaty’s contract extension, with his law team proclaiming that Kansas Athletics “unilaterally breached its contractual obligations” by not following through on the payments he would receive if fired without cause, as detailed in the extension.

The memo states Kansas Athletics breached the contract by terminating Beaty without cause and “confirmed it in person, in writing and publicly.”

When the lawsuit was filed, a spokesperson for Kansas Athletics pointed to a potential NCAA rules violation that occurred under Beaty’s watch as the reason for the delay in payments.

This past September, the Notice of Allegations KU received from the NCAA included details of alleged misconduct involving a video coordinator acting in a coaching role.

The latest memo filed notes Beaty received a letter from KU’s general counsel regarding an alleged violation in December of 2018, over a month after KU fired Beaty.

It also states Kansas Athletics sent a letter to Beaty nearly a year after his firing, purporting to terminate Beaty for cause. That letter from KU Athletics Director Jeff Long to Beaty, the memo presents, informed the former head coach Kansas Athletics had completed its investigation, in parallel with the NCAA’s investigation, and found the allegations to be true.

Beaty’s law team presented in its supporting memo that Kansas Athletics “did not bargain for any conditions” on without cause payments in the contract extension.

Comments

Michael Maris 7 months, 2 weeks ago

"The memo states Kansas Athletics breached the contract by terminating Beaty without cause and “confirmed it in person, in writing and publicly.”

The cause was Beaty, you didn't win enough games in your HC'ing career.

Dane Pratt 7 months, 2 weeks ago

Am I reading this right? For KU to strengthen its case against Beaty we are arguing that he did in fact violate NCAA regulations. And at the same time we need to argue in front of the NCAA that we did not violate regulations. The lawsuit does not appear to be in our best interests.

Mike Hart 7 months, 2 weeks ago

A contract is a contract. KU announced his firing at a time that any potential violations were unknown; hence, that was not a factor in the decision to fire him. He was in fact terminated without cause and owe him money. You cannot go after the fact and say that he was now fired for some violations. Hate him all you want. He is rightfully owed money

Ashwin Rao 7 months, 2 weeks ago

You have a great argument. But we know that Mr. Beaty was fired (first). Then, from my understanding, KU was about to pay Mr. Beaty the sum of money, when NCAA alerted them of the issues. KU then put the money in escrow, in case the violations were due to Beaty's staff. That is currently being worked out. I am leaning towards KU's approach at this point, of waiting until the NCAA issue is resolved before determining the fate of the money. Even though Beaty was not fired for the irregularities, it would be crazy if we have to pay the gentleman and suffer the consequences of the irregularities

Mark Wooden 7 months, 2 weeks ago

If there is a confirmed violation then by definition of at will employment it is a cause for dismissal. As the HC it his sole responsibility to ensure that dept policies are followed and complied. Its the same whether you are a sports coach or a grocery store manager. Basically its up to an adminstrative law judge to decide and all parties to follow the appeal process. Public opinion doesnt matter. Happy Holidays fellow Jayhawkers!

Ray Winger 7 months, 2 weeks ago

How much of a 'Motion' is it? Did they file 34% of a motion? Are there other parts to follow? like a shoe dropping, only slowly? Maybe they only submitted the 'spell-checked' part. Are they waiting for a partial rebuttal, to complete their filing?

Stephen Johnson 7 months, 2 weeks ago

Nothing like money to get KU to compromise it's integrity as an institution. Pay him and move on. Lets see who recruited Pooka Williams? Who recruited in Carter Stanley? Who recruited Adeniji?

No player in the recent recruiting class even looks nearly as talented as those three guys. I think we can win 3 games again next year. Maybe.

Dane Pratt 7 months, 2 weeks ago

Pay him the money owed and then take him to court for violating NCAA regulations. When a head coach gets his team in trouble with the NCAA, he typically walks away from the mess he created and the program is left with cleaning it up.

Len Shaffer 7 months, 1 week ago

This is simply a bad look for KU. We should pay the guy, per his contract, and let him go away.

Mike Hart 7 months, 1 week ago

Ashwin, The NCAA did not alert KU of the issues, KU found out about the issue in exit interviews and self-reported it to the NCAA. Having a staff member performing as part of an unofficial coaching capacity, is hardly a fire able offense. I mean One need only look at the basketball program for the ultimate in double standards For how KU deals with the NCAA. The decision to fire Beaty was 0 percent based on this, so you can’t go back ex post facto and claim it was a firing for just cause

Bill French 7 months, 1 week ago

We should pay him and move on with building the football team. This type of publicity doesn't not help.

Rock Chalk Bill French

Jeff Coffman 7 months, 1 week ago

I have been saying all along this is an interesting case, because David Beaty chose to continue coaching. Before the end of the year, Beaty was "fired", but agreed to continue coaching. Inherently this made him still an employee and technically speaking no change to his contract occurred. By the time the last game was coached, it was determined that there was a Level II violation that Kansas self-reported and although in normal conditions likely wouldn't have resulted in a "cause" firing, in the contract it is a fireable offense. So although when he was told he would not be retained, there was no defined offense, by the time he was terminated he did have a reason.

For all those saying you should pay him and move on, remember the contract was for 6 payments over a six month period. At any point in time a company or institution has to verify the funds are going out still appropriately. No payments had been made, so KU has placed those payments in escrow. If the court decides the plantiff wins, the funds are released to David Beaty, otherwise they are returned to Kansas Athletics.

It is interesting as coaches take on new coaching roles and many are coaching through their bowl games, these coaches are actually giving these institutions the ability to research and obtain some of the buyouts more. I think the contracts have been historically very "pro" coach, and you are starting to see institutions fight back a little.

I'm not sure I agree with KU's stance on this, if it was a nefarious act, like drugs or illicit dealings, I would really support KU, because it was an extra coach that usually results in a defined repercussion, I think this is really stretching it.

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