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Tuesday, March 26, 2019

Report: David Beaty calls KU’s claims he refused to cooperate with investigation ‘verifiably false’

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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Former University of Kansas football coach David Beaty, who recently filed a lawsuit against KU, said Tuesday that the university's claim that he refused to cooperate with an investigation into possible NCAA violations is "verifiably false."

In a statement through his lawyers to SB Nation, Beaty, who alleges that KU is wrongfully withholding the $3 million buyout payment he would be owed for losing his job without cause, said he reached out to KU several times about the investigation, and that he also cooperated with the NCAA itself when it took over the review earlier this year.

According to Beaty’s new statement to SB Nation, his attorney sent “multiple letters and emails to KU’s attorney” to get an interview scheduled.

“Those attempts were accompanied by requests for copies of certain documents of mine that remained in KU’s possession and would allow me to properly prepare and accurately address any concerns,” Beaty stated.

“For weeks my offer to interview and my requests for my documents were ignored,” his statement continued. “When it became clear that KU was unwilling to provide me the complete set of materials I requested, I went ahead and offered a specific date in early February on which I could interview even without all of the material requested. At that time, however, KU informed me that the NCAA had decided to pull the investigation from KU’s internal team and take it over itself. Within twenty-four hours, me and my attorneys were in touch with the NCAA investigator and an interview date was immediately agreed to. I promptly interviewed with the NCAA and answered each and every question asked. With clearance from the enforcement staff, I even provided KU a draft of my interview transcript.”

Beaty’s statement said that the NCAA process prohibits him from discussing specifics of the investigation or his interview with the NCAA.

“I am able to communicate that I voluntarily interviewed with the enforcement staff regarding alleged NCAA violations, and I have fully cooperated with the investigation. I will continue to cooperate with the NCAA should they have any follow-up requests for information but otherwise look forward to the prompt resolution of their work,” Beaty’s statement concluded.

A KU spokesperson told the Journal-World Tuesday evening the athletic department would have no response to Beaty's statement.

Beaty, who went 6-42 as KU’s head coach, was fired in November 2018, during the final stages of his fourth season as head football coach, by athletic director Jeff Long. On March 12 of this year, Beaty filed the lawsuit against KU.

According to attorneys at Dallas-based Deans & Lyons LLP, Kansas Athletics officials “immediately began discussing what it would take to avoid the $3 million payout,” after firing Beaty, and allowing him to finish out the season.

In KU’s response to the lawsuit earlier this month, spokesman Jim Marchiony stated, “Immediately following the end of the season, Kansas Athletics staff conducted standard exit interviews of all football coaches and staff, and through that process we learned of possible NCAA violations allegedly committed by Beaty. KU contacted the NCAA and the Big 12 Conference and began an investigation into the matter. Beaty refused to cooperate with the KU review and, ultimately, the NCAA took the lead in the still-ongoing investigation.”

Comments

Andy Tweedy 3 weeks, 1 day ago

I was so excited to move on from this dude and now I keep having to read about him. BOOOOO!

Dane Pratt 3 weeks, 1 day ago

If we get penalized by the NCAA after going 6-42 I'm going to be really pissed.

John Strayer 3 weeks, 1 day ago

So...KU football violated NCAA rules and gets a whopping 6 wins for its efforts. Former coach can't even "cheat" well. JK. Another sad chapter in KU Athletics and they seem to keep coming quicker and quicker.

Garry Wright 3 weeks, 1 day ago

I've just completed my 67th season as a Jayhawk fan. Say what you want about Coach Beaty, he gave it all that he had. If KU tries to screw him out of three million dollars, I say shame on them.

Ray Winger 3 weeks, 1 day ago

During the Vietnam Era, fans would 'Boycott KU Football Season Tickets' if KU would do something so dishonorable!

Dirk Medema 3 weeks, 1 day ago

It doesn't paint a good picture of the athletic department. I'm guessing it isn't quite as clear cut as expressed on either side, though the specifics that Beaty provides sure does provide more validity to the question.

Brett McCabe 3 weeks ago

For allowing Bill Self to remain as coach? You are right!

Brett McCabe 3 weeks, 1 day ago

Hmmmmm, who should we trust? An athletic department that has already set the money aside for payment, that knows non-payment would absolutely result in a legal challenge and that has zero history of short-changing fired coaches? Or a guy whose lawyer uses the phrase "dead hooker in a closet" as part of a legal filing?

If Beaty is due his money then he'll get it. If he violated the terms of the contract, he won't. And I'd be shocked if you could find any athletic department in the country, not headed by Sheahon Zenger, who would not try to negotiate down a substantial payment after firing a coach. Need an example? Google: Les Miles and LSU come to agreement.

Joe Black 3 weeks, 1 day ago

Dead Hooker in the Closet?? Wasn't that the name of Steve Zimmerman's college rock band

Mike Hart 3 weeks, 1 day ago

As usual, Brett McCabe never misses an opportunity to pile on... but he does miss the point entirely. KU elected to let David Beaty go.. .at a time when nothing was known about any potential infractions or allegations. Hence, it was a decision made with full knowledge that Beaty was owed $3MM. He wasn't fired for anything inappropriate and/or wrongdoing, and in fact: He was allowed to coach the remaining games of the season. To go back and now claim the he isn't due his contractual $3MM because of potential improprieites... even if true.. had nothing to do with the decision to fire him. It doesn't pass the red-face test... and believe it or not, Brett.. .I actually think you're better than this. It is akin to saying there is some collective recovery of salary from a coach if the school a coach leaves discovers NCAA infractions. It just doesn't happen. The decision to fire.. and the pulling the trigger on the $3MM payout... was done without any knowledge of potential wrongdoing. KU is weak and petty to challenge this. It's embarrassing.

Joe Black 3 weeks, 1 day ago

The NCAA will probably make us vacate our 6 wins under Beaty

Brett McCabe 3 weeks ago

All that money we wasted on that banner, too!

Jim Baker 3 weeks, 1 day ago

"but otherwise look forward to the prompt resolution of their work,” Beaty’s statement concluded."

He must either be delusional or this is his first direct dealings with the NCAA!

Jeff Coffman 3 weeks, 1 day ago

I just can't imagine a worse punishment by the NCAA, except the forcing of us to hire this guy again.

$3MM in an escrow account waiting for the NCAA to clear an investigation, I'm guessing it will be in escrow for about 5-10 years waiting for NCAA to perform an investigation (sarcasm intended). For once KU is using the slow-playing of investigations of the NCAA to its advantage.

I'm not sure why a former employer has to listen to the whining of a poor performing employee. If the third-party clears the individual then the funds will be released from escrow, if the third-party agrees with the premise, than Beaty will have difficulty obtaining the full $3MM.

Mike Hart 3 weeks, 1 day ago

3rd party.... the NCAA? NCAA coming down with penalties and declaring infractions by Beaty's coaching staff... is not the basis for deciding if KU has to pay Beaty his salary. They don't rule on the contract Beaty signed with KU. Hence, his hiring of an attorney. Hate the man all you want, but a contract is a contract.. and KU is bullsh*t for not honoring the contract which they chose to terminate early, mandating the $3MM payout. Here's the "best" part of KU's statement: "While disappointed in the court filing, the university is committed to seeking the truth and upholding our high standards of ethical conduct."

This is the same KU Athletic department who supposedly claims to have YET to have an internal investigation... or even a mere conversation with basketball assistant coach Kurtis Townsend on his role with Adidas in tainted recruiting practices. Where is the internal review.. the supposed question to "seek the truth" and "upholding our high standards of ethical conduct"... with respect to the BASKETBALL program. Laughable... sadly.

Jeff Coffman 2 weeks, 6 days ago

I'm not a fan of Beaty, I don't think he was a good coach. However, please read the contract prior to posting. The contract is upon termination the individual is entitled to $3MM over 6 monthly payments. If there is cause determined he forfeits that payout. Since the violations were discovered prior to the first payment, all subsequent payments go to an escrow until the determination of cause is determined.

Typically, the NCAA in this case has the investigation and in many cases can create cause for termination, or in this case any subsequent payments.

Ashwin Rao 3 weeks ago

There are so many unknowns in this case that it will be advisable for folks who are interested, to get the popcorn ready to sit and watch the drama unfold. Or, as people are doing here, just put some random comments on the internet.

It is interesting to see so many good perspectives brought up! 😂

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