For the second consecutive season under coach Rich Rodriguez, Michigan will not be going to a bowl game.In two seasons, Rich Rod has racked up a 8-16 overall record, beaten down the Michigan fan base to such a degree that Ohio State scarlet and gray filled up many of the best seats in the Big House this past Saturday, and left my wife, a Michigan alum, refusing to watch their games on television. "I'm already over Rich Rod," she's said on many occasions.
Now as Michigan enters the long, difficult winter of Wolverine discontent, there's a real issue that has to be decided. If you don't think Rich Rod is going to get it done at the school, you need to fire him now, before the next season commences.
Why?
Because you have a legal hook that can significantly lessen the blow of the firing -- you can argue that Rich Rodriguez breached the terms of his contract by violating NCAA rules. Bang. Meet Michigan's own stimulus plan for the athletic department, firing Rich Rod for cause.
A bit of a legal primer: All NCAA contracts contain a contractual provision allowing a school to end their relationship with a coach "for cause." Think of it is as the school's parachute in the event the plane is going down. Unlike a golden parachute where a coach is fired but receives millions to end the contract, firing someone "for cause" effectively wipes away the buyout provisions in a contract.
Rather than face a multi-million dollar obligation for a buyout, something Michigan fans are all too familiar with after the negotiations between Rich Rod and West Virginia, the school can allege a major violation of NCAA rules or intentional misconduct and show him to the door. Given that the NCAA and Michigan are already investigating Rodriguez and the football program over the amount of hours that players have spent playing or practicing football each week, the door would appear to be open to push Rich Rod out.
Some Michigan fans might be thinking, why can't we give Rich Rod one more season to see if he can win and then fire him for cause if he fails again? Here's the reason: If you uncover a breach of your contract and don't act upon it within a reasonable time, then you can't later scream breach at your convenience in order to invalidate a contract. According to the law you have to act within a reasonable time upon learning of the breach.
Michigan probably has a good idea what the results of their internal investigation are going to uncover. Why? Because the school already announced that Rich Rod and crew have failed to keep adequate logs of their players' hours spent on football. Of course, this is a preliminary finding that probably doesn't rise to the level of major violation, but releasing this information suggests that Michigan is far enough along in their internal investigation to have some idea what their final results will be. Will this investigation uncover major violations or intentional misconduct by Rich Rod?
In the hands of the right lawyer, virtually any results of an internal investigation could become ammunition to justify a "for cause" firing. And trust me, while Michigan might not have a good football coach, they've got an army of good lawyers.
What's more, we already have a pretty fascinating trail blazed by another collegiate sports titan when it comes to firing a coach after just two years and refusing to fulfill the terms of his contract.
You'll recall that Kentucky fired head coach Billy Gillispie this spring after just two seasons at the school. By virtually every measure, Gillispie had been more successful at Kentucky than Rich Rodriguez has at Michigan. Yet Gillispie never really fit in with the culture of the Kentucky program, some of his players rebelled, and after just two seasons the school felt compelled to act.
Sound familiar?
Kentucky fired Gillispie and swore that they owed him nothing for the remaining years on his contract. According to Kentucky, Gillispie had never officially signed a contract so the university attempted to argue that the memorandum of understanding he'd signed didn't constitute a valid contract. I argued back then that it was a contract, and that both sides were posturing in advance of a settlement.
Which is exactly what happened.
Kentucky paid out a little less than $3 million to Gillispie, and their relationship was sundered forever. But the school got away with paying barely half of what they contractually owed him.
Michigan's options are similar, but I think its legal standing is actually much better. Why? Because at the time of his firing neither Gillispie nor the University of Kentucky were being investigated by the NCAA for any allegations of rules violations. Kentucky had to rely upon a bogus claim that the document Gillispie signed was not a contract.
Merely making that argument saved the school almost $3 million.
Here, Michigan and and Rodriguez both acknowledge a valid contract. All we need to determine is whether Rodriguez breached the terms of that contract. Michigan would argue that he did, while refusing to pay him the buyout owed, and Rodriguez would argue that he didn't, and demand the school pay him. Likely, the truth as to whether or not Rodriguez has breached the contract is somewhere in the middle. But by arguing that he'd violated the contract Michigan could withhold any buyout payments and gird for legal battle.
Both sides would immediately lawyer up, and, in the end, Michigan would likely end up settling with Rodriguez for millions of dollars less than they'll have to pay him if they fire him simply because he's not winning enough games for a proud football program.
So if you're a Michigan fan and you don't think Rich Rod is the right fit, you want your school to make that decision sooner rather than later.
And that means now.
Right now.
Otherwise, getting rid of Rich Rod is going to cost you a lot more in the long run.
Hail to the legal victor.
Comments (Page 1 of 2)
Hey coach Rod, bet you now wished you stayed at West Virginia-----but WE DON"T
This article is based on old information; the writer is apparently incapable of researching the story to make sure nothing has changed before writing it...
From this very page, there is a link to a news article showing that Rodriguez and his staff have found the practice logs and submitted them. It was posted more than five days ago.
http://www.usatoday.com/sports/college/football/bigten/2009-11-18-michigan-logs_N.htm?csp=34
INCORRECT! The article actually states, "Michigan coach Rich Rodriguez says the process of filing forms that log hours players devote to football was corrected as soon as he learned it wasn't happening." NOTE the quote is about the PROCESS OF FILING FORMS not actually filing the forms.
Words are important!
Rich probably should be gone, but he will get another year with the unwritten stipulation and expectation that he makes some serious improvement and a bowl game or else.
Meanwhile, Michigan losses just mean the Longhorns continue to gain ground on the most victories all-time. Texas already left Neutered Dame in the dust and is gaining on Mee-chigan fast. Hook 'em!!!!!!
Ohio State can recruit instate because of the quality of their high school system. All the cold climate states can't recruit. Football players like it warm. Isn't that right tate?
the claim of "just cause" and the finding of "just cause" can be the difference of million$. Firing now based on claimed ncaa violations would cost millions later. Look back at what happened with Rick Neuheisel at univ washington. He was fired b/c of an ncaa investigation, he later sued and was paid million$ in settlment. Legally speaking now is not the time b/c nothing has been proven, it invites a lawsuit, more negative publicity, exposes UM to countersuits, atty fees and loss of more $$.
Well...I have a law degree from Michigan, actually, AND I don't like RR for Michigan. But I think not only does Michigan not have enough info to go this route without looking bad, but Michigan would get ridiculed for firing RR right now no matter what. And Mary Sue Coleman/Bill Martin have already said they support him, so this is a pointless article. And your wife needs to support Michigan if she's a real Michigan Woman. Supporting Michigan and supporting RR aren't the same thing.
hmm...Athletic Director: "Coach Rodriguez will be back next year", University President: "I'm 100% behind Coach Rodriguez". Unless you're a Buckeye Troll, where it's your duty to give Michigan trouble, it's time to drop this subject and move on to the recruiting battles if you're into critiquing Michigan football...anything else is a waste of breath.
Lord knows the state of Michigan could use the stimulus money.
http://mildlyrelevantthoughts.com/2009/11/michigans-rich-rodriguez-key-ingredient-to-michigan-economic-stimulus/
People always want a winner. Prior to RR, Michigan could not beat OSU for a number of years. Give him a chance. Past has proved that he is capable. I don't think that he "threw those interceptions on Saturday or made all of the mistakes that Freshmen make for the past seven or so weeks"!! Deserves fans to let him continue with the change that is needed to compete with those other BCS powers. Just watch SEC football and you will get the idea. Big Ten football is no longer the best...in fact there a number of conferences that play a better brand of football which is more exciting and entertaining.
What ever happened to allowing a coach any coach in any sport acual time to get his players and his system in order ....which by the way is NOT 2 yrs in any sport ......
GET REAL.IT ALL HAPPENED WHEN THE COACHES BEGAN GETTING MORE MONEY THAT THE SCHOOL VP'S.I'M A MICHIGAN AND NEVER DID LIKE THE WAY MICHIGAN GOT RR,SO AS FAR AS I'M CONCERNED THEY CAN GET RID OF HIN ASAP.WHY NOT TRADE HIM FOR THE COLORADO COACH HAWKINS.THEY ARE BOTH LOSERS.
Coach RichRod should be fired now for the good of the Michigan Football program! He should be fired because he is 8 -16, as the Michigan Coach he is a loser end of story! My alma mater does not have to look this bad for the sake of a Coach who does not know how to win in a very mediocre Big Ten (3 wins in Big Ten play in 2 years) The reason you fire him now is so that his type of players/recruits don’t do further damage to the program, his under- sized, weak, and slow players (on average they are no faster than the Coach Carr years…except at QB…..) are not able to compete with the bigger and stronger Big Ten Type player, as evidenced by the way that the defensive line and offensive line as gotten pushed around all season ….giving up a record amount of rushing yards, and not to mention getting burned each and every play in the defensive secondary. The reason you fire him now is because the defense will only be worst next year with the lost of at least two key players, Graham and Warren. He will not win at least 9 games next year or the year after, therefore fire him now and get a 2 year jump on getting back to the right type of system and players needed to win the Big Ten! Once we can again dominate OSU and the Big Ten we can’t even think about beating the “REAL” National Powers in the Football World. Until we once again have players like those on the 2006 version of the Michigan Football Team, you know that first overall NFL Draft pick and those great Wide Receivers, and pretty darn good QB…..the typical type Michigan Players you see when you check the NFL roosters for the last 12 Years. His system does not attract the best overall talent. How many great WVU players are in the NFL from his 7 year tenure at WVU, which is how I measure talent when I want to compare because the Big East in not a powerhouse Football conference historically. How many National Championships did this so-called great Coach win at WVU? How many National Championship Games did his great system propel his teams to? Don’t make excuses for this guy any longer. He created the situation the team is in, the cupboard was not bare he ran away the right kind of QB…(Ryan Mallett now starting at ARK in the SEC) and Offensive linemen (3 of them like Justin Boren..Now starting at OSU) He chooses to try and play a system that he didn’t have the players or talent to execute, not smart for such a “genius” of a Coach. Why not analyze what it is that the players you have on hand can do, then create a system which would allow them to win more games than they lose, end of story. For all the aforementioned reasons, and more, he should be fired. If he will be fired in one or two years anyway, now is the time.
I think your alma mater looks worse because of your grammar rather than your head coach.
This is a great theory except the courts may not agree with it. Ohio State fired a basketball coach who cost them forfeited games and a banner haninging in the gym for his transgressions yet a court awarded O'Brien millions of dollars.
ANOTHER SPORTS REPORTER THAT DOE NOT KNOW WHAT HE TALKING ABOUT, AND YOU SURE DONT LIKE THIS GUY THAT YOUR PREFERRENCE WE JUST GOT A 4 STAR CB COMMIT CULLEN CHRISTAN SO GO HOME TALK TO THJE WALL CAUSE NOBODY CARES WHAT YOU THINK BUT WHAT WE GO BLUE KNOWS IS GOING AND YOU DONT LEAVES RR ALONE GO PLAY CHECKERS WITH YOUR TOOTHLESS FRIEND BUBBA AND WRITE ABOUT HORSHOE OKAY GO BLUE
Human-Nights:
Leave a program in positive motion and go to a wishie program. You pay the price for not performing. The ass should have stayed at west va
but for various reasons he left. Call Mayflower!!!!!
Ha, Ha, Ha, you had one of the classiest coaches in the Big 10 and you p***ed all over him, bet you wish has the Lloyd Carr W/L record now. Last Coach to beat Florida in a bowl game.
Not a Michigan Fan, but feel that he was one of the greatest college coaches ever. Maybe not the winningest, but one of the best, coach and person.
Gave a certain class to Michigan that will be hard to replace.
First of all, the pactice logs have nothing to do with the NCAA. They are for internal purposes only. Secondly, those practice logs have since been turned in. As it stands now, there is no just cause to fire RR. Nice try though...
Oh, one more thing, all teams need fans like your wife. Such a TRUE fan...what a joke!!!
does the lack of depth and the fact that almost more than half of the kids that played this year saw the feild for the first time as a college football player....we are in a situation where no matter what is done may not be the right decision..if hes fired what happens then...we get to see another new defense probably installed, and also another offense....if anyone actually pays attention to our depth chart we have 34 of 44 players returniong in the 2 deep depth chart...9of 11 on ofense and same on defense i beleive....most all under classmen that know the system and will only get better....granted i am not happy about this year but there is alot of upside to our team next year...a new coach wont make us win next year...very bad idea in my mind, may possibly put us even further behind...not only that it makes us look like msu..and who wants that..look how long its taken them by replacing coaches every couple years...bad bad idea