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Wednesday, February 19, 2020

Judge rules KU must turn over evidence in David Beaty lawsuit case

Coach David Beaty watching the team during pregame workout on Saturday, Sept. 1, 2018 at Memorial Stadium.

Coach David Beaty watching the team during pregame workout on Saturday, Sept. 1, 2018 at Memorial Stadium.

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A U.S. District Court magistrate judge ruled Tuesday that Kansas Athletics will have to turn over evidence requested by lawyers for former Kansas football coach David Beaty, whose $3 million lawsuit against his former employer remains ongoing, more than a year after KU fired him.

In a previous hearing this past December, attorneys for Beaty requested evidence that would show how the Kansas athletic department handled other NCAA violations by KU head coaches.

The plaintiffs stated in court documents that such evidence should include information regarding current head coach Les Miles, who earlier this year, in the NCAA’s amended Notice of Allegations, was added to the list of accused violators after KU self-reported staff members who aren’t full-time assistants carried out coaching duties.

Similar violations, which the NCAA included in the initial NOA, reportedly happened when Beaty was the head coach, and they were at the heart of KU’s argument to withhold the $3 million Beaty’s contract stated he would be owed if fired without cause.

Judge Gwynne E. Birzer ordered Kansas Athletics to turn over information that shows how the department responded to not only the violations under Miles, but also the NCAA’s multiple alleged Level 1 violations against the KU men’s basketball program.

Other evidence ordered to be presented to the plaintiff’s team will deal with how the athletic department decided to deal with academic fraud violations that emerged when Mark Mangino was the head coach, leading to a loss of scholarships from 2007-09.

Beaty’s lawyers requested communications that include any information about the aforementioned instances, as well as details regarding any investigations that followed, the contracts of relevant coaches and any information exchanged between Kansas Athletics and the Big 12 or NCAA regarding those matters.

Lawyers for Beaty argued that the evidence is relevant because it will bring to light facts that show whether KU, theoretically, “would have actually terminated Beaty for cause,” upon discovering the alleged violations that happened when he was in charge, if the athletic department would have discovered those allegations before firing him.

Beaty’s lawyers have argued since filing the lawsuit that Kansas Athletics officials “immediately began discussing what it would take to avoid the $3 million payout,” after firing Beaty in November of 2018 and allowing him to finish out the season.

Comments

Dane Pratt 1 month, 2 weeks ago

This story continues to perplex me. Is there a principal we are trying to uphold or are we just trying to save money? KU did not fire Beaty for cause. Can anyone dispute that?

Austin Lopez 1 month, 2 weeks ago

Essential KU can just keep on stalling years and years with the deep pockets they have, maybe they think it’s cheaper to drag this out until Beaty runs out of funds. Lawyer fees add up after a while.

Armen Kurdian 1 month, 2 weeks ago

This just looks bad for the University. Just based on what I've read here in the LJW, and maybe it's not the whole story, this just seems a convenient excuse not to pay him. Yeah, he didn't do a good job. But KU is really starting to look like the bad guy here. They need to pay him his due and put this to pasture.

Brian Wilson 1 month, 2 weeks ago

I was afraid this might happen. KU should settle this out asap before it deepens and make sure that Beaty seeks no additional damages. If KU can't show they treated other coaches in a similar matter or that this special instance then track history could prevail and then assuming Beatty lands on top KU will have to pay all the attorney fees in addition to the finding. At which point if Beatty wins, he may also have additional civil suit for damages, eputation, etc, and get real ugly.

Len Shaffer 1 month, 1 week ago

You said it, Brian. This has been a bad look for KU from the beginning. I can't understand why they just don't end this ridiculousness and move on.

Brett McCabe 1 month, 1 week ago

It’s interesting how KU fans want KU to fight to the death to protect their dirty basketball coach while also paying off a football coach who may also have infractions.

I’m wondering what’s the worse look? Hiring an incompetent boob to run a P5 football program, raising his salary and giving him an extension as he flails about incompetently and then refuse to pay him.....or....defending a dirty coach who pays players to come here, demands a shrine to be built in which to house them, eats every Muncher’s donut made each day, comments on the physical conditioning of a proven NBA player and stacks up a series of intramural league championships on his way to the HOF?

I mean, David Beaty may be the dumbest person to ever throw a shadow across the head coaches office threshold in the history of college football but isn’t Dollar Bill’s conniving, cheating and manipulating worse?

It’s a tough question for sure. It just goes to show what a sh*t show a bunch of overpaid white administrators can accomplish when they put their full effort forward. Imagine if they hadn’t actually tried? We’d be much better off.

Dane Pratt 1 month, 1 week ago

I don’t think it’s a tough question at all. Do the right thing with Coach Beaty and pay him according to the contract we agreed to. As for Coach Self, continue to support him until he is proven not worthy of supporting. The latter won’t happen until he is given his day in court with the NCAA. Until then I’ll hold off on throwing him under the bus.

Glen Miller 1 month, 1 week ago

You know what's worse....... having to read your ignorant comments on every single article. We get it, you probably hate your life and sit your basement in your underwear surfing the internet all day and night. Like 2 people on this whole site think your stuff is entertaining and funny. Everyone else can't stand you and wishes you'd stop commenting. If you hate this school and what they do so much, then why continue to be a "fan"? Just stop already, you annoy about 98% of the other readers.

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