Title IX Independent Investigation

[Nutriaitch]

 

[LSUDad]

On 3/6/2021 at 12:49 PM, Nutriaitch said:

 

 

only thing i saw was a line in passing quoting him about everyone’s girlfriend sleeps around. when discussing the Guice stuff.

 

When a RB goes into a store, comes out, and another RB is nailing his GF in the back seat, yes, I guess sleeping around comes into play.

 

Remember this, O handled his paperwork, for the divorce. 

[LSUDad]

Les Miles out at Kansas

 

 

Kansas head coach Les Miles watches warm ups before an NCAA college football game against Iowa State, Saturday, Nov. 23, 2019, in Ames, Iowa. (Source: Associated Press) 

By Josh Auzenne | March 8, 2021 at 10:13 PM CST - Updated March 8 at 11:08 PM 

LAWRENCE, Kan. (WAFB) - Kansas head coach Les Miles and the university have mutually decided to part ways effective immediately, athletic director Jeff Long announced Monday, March 8.

“I am extremely disappointed for our university, fans and everyone involved with our football program,” a statement from Long read. “There is a lot of young talent on this football team, and I have no doubt we will identify the right individual to lead this program. We will begin the search for a new head coach immediately with an outside firm to assist in this process. We need to win football games, and that is exactly what we’re going to do.”

Miles also released a statement about his departure from the Jayhawk program.

“This is certainly a difficult day for me and for my family,” he said. “I love this university and the young men in our football program. I have truly enjoyed being the head coach at KU and know that it is in a better place now than when I arrived. To our student-athletes, I want you to remember that you came to play for KU and earn a degree here. So, I implore you to stay and build on what we started and do all of the things we talked about doing together. There is a bright future for all of you and for KU Football.”

The move comes just days after a report by the law firm Husch Blackwell found sexual misconduct at LSU while Miles was the head football coach.

RELATED STORIES:

• Les Miles’ attorney issues statement following LSU report
• Alleva recommended firing Les Miles in 2013 over inappropriate behavior
• LSU releases law firm’s review of sexual misconduct cases; two athletic officials suspended

Kansas had a 3-18 record under Miles. The university said the terms of the agreement will be released in the coming days. It added while a national search for a new head coach begins immediately, Mike DeBord will continue to serve as the acting head coach until an interim head coach is determined.

[houtiger]

Not a bad deal for Les on his last job.  Hired when he was 65, $2 mil a year for 2 years, get in trouble, they cut him a buyout to leave quietly with no lawsuits back and forth, and he rides into the sunset with a big house on the lake of his choice.  As to his relationship with his wife, who knows?  Heck, she many want half his stash and a new start also.

[Hatchertiger]

Does all this mess explain why Les took a $1.5M settlement when LSU owed him $5M.  Did LSU use this as leverage?  Pains me to see all this negativity directed toward LSU.

[houtiger]

dunno.

[Nutriaitch]

1 hour ago, Hatchertiger said:

Does all this mess explain why Les took a $1.5M settlement when LSU owed him $5M.  Did LSU use this as leverage?  Pains me to see all this negativity directed toward LSU.

no. 

he bent Alleva over and shoved it in him on that one. 

His Kansas contract was big enough to completely offset his LSU buyout. 
Less 48 hours before signing it, he “settled” with LSU. 

If we had an even semi-functioning retard as an AD, we would have owed Les absolutely nothing. 

[Nutriaitch]

um, ok. 

[houtiger]

What was the settlement?

 

Quote

 

KU and Les Miles settled for $1,991,062.50, via his settlement agreement released by KU. Miles originally had about $8 million left on his KU contract that ran through 2023.

2:44 PM · Mar 9, 2021

 

 

If there was smoking gun proof that Les had done something bad, they could have terminated him for cause.  There is no legal proof.  A girl told her story and said Les did something bad.  Les made a private settlement with one of the girls, does not prove he did anything bad, it could have been he disagreed with her statement, but the settlement was cheaper than fighting it out in court.  If KU fired Les for cause, and Les and his attorney already stated they disagreed with the report from LSU, then KU was at some legal risk if Les sued them for wrongful termination, because they KU would have to prove in a court of law that which has not been proven.  Nobody was in these rooms when Les had a conversation with a girl.  Proving exactly what happened may not be that easy.  KU would have legal bills if Les sued them.  Incompetence on KU's side could come out.  It could all get messy and expensive.  The $2 million payment put a cap on the expenses, they become known and fixed.  It will not get messy.  It's as clean as it can get, and its over.  KU made the right choice IMO.  But Hatcher may have an opinion...

[Nutriaitch]

4 minutes ago, houtiger said:

What was the settlement?

 

 

If there was smoking gun proof that Les had done something bad, they could have terminated him for cause.  There is no legal proof.  A girl told her story and said Les did something bad.  Les made a private settlement with one of the girls, does not prove he did anything bad, it could have been he disagreed with her statement, but the settlement was cheaper than fighting it out in court.  If KU fired Les for cause, and Les and his attorney already stated they disagreed with the report from LSU, then KU was at some legal risk if Les sued them for wrongful termination, because they KU would have to prove in a court of law that which has not been proven.  Nobody was in these rooms when Les had a conversation with a girl.  Proving exactly what happened may not be that easy.  KU would have legal bills if Les sued them.  Incompetence on KU's side could come out.  It could all get messy and expensive.  The $2 million payment put a cap on the expenses, they become known and fixed.  It will not get messy.  It's as clean as it can get, and its over.  KU made the right choice IMO.  But Hatcher may have an opinion...

 

Les’ guilt/innocence is not actually relevant to his Kansas contract. 

 

that’s his actual contract “just clause” section. 

that very last bullet point would have won the case for Kansas. 
 

so would the fifth to last one  

 

neither of those require Les to actually be guilty of the acts he’s accused.
Being reprimanded and reaching a settlement with the accuser are enough to fit into the above categories  

 

[LSUDad]

After effects! 
 

Kansas fires AD Jeff Long not long after 'mutually parting ways' with Les Miles

Michael Wayne Bratton | 2 hours ago

 

 

 

 

UPDATE: Kansas announces Jeff Long is out but claims the AD is “stepping down” from his position. This despite the fact Long was adamant just two days ago that he would be sticking around to hire Les Miles’ replacement at Kansas.

Kansas is cleaning house.

 

 

 

 

 

 

 

 

Just days after “mutually parting ways” with head football coach Les Miles, Kansas has made the decision to remove AD Jeff Long according to Brett McMurphy of Stadium.

Long was responsible for hiring Miles and did so after removing former coach David Beaty under questionable circumstances. Beaty took Kansas to court and received nearly all the money owed to him by Kansas following his dismissal, something the school had planned to fight.

Following the hiring of Miles at Kansas, Long was famously asked which coaches he interviewed for the job. Incredibly, he responded he could not remember the names of the coaches he interviewed for the job in Kansas, outside of Miles.

Prior to taking over at Kansas, Long served as AD at Arkansas.

During his time in Fayetteville, which ended with him being fired, Long hired Bobby Petrino and Bret Bielema. He also served as the chairman of the College Football Playoff at one point.

On top of all the issues at Kansas involving the football program, the Jayhawk basketball program is also currently under NCAA investigation.

 

[houtiger]

On 3/9/2021 at 4:53 PM, Nutriaitch said:

 

Les’ guilt/innocence is not actually relevant to his Kansas contract. 

 

that’s his actual contract “just clause” section. 

that very last bullet point would have won the case for Kansas. 
 

so would the fifth to last one  

 

neither of those require Les to actually be guilty of the acts he’s accused.
Being reprimanded and reaching a settlement with the accuser are enough to fit into the above categories  

 

It appears that the contract covers activities while in the employ of KU.  It does not appear that anything he did at LSU would provide cause for KU to dismiss him for cause.  Hence, a settlement.

[Nutriaitch]

7 hours ago, houtiger said:

It appears that the contract covers activities while in the employ of KU.  It does not appear that anything he did at LSU would provide cause for KU to dismiss him for cause.  Hence, a settlement.

 

well, they fired the guy that gave him the settlement. 

 

[houtiger]

7 hours ago, Nutriaitch said:

well, they fired the guy that gave him the settlement.

I guess they fired Long for failure to vet Miles sufficiently.  I am not sure what Long could have found out 2 1/2 years ago.  They may have been disappointed in Long's job for other reasons as well, so it could have been a firing for several reasons.

[Nutriaitch]

1 hour ago, houtiger said:

I guess they fired Long for failure to vet Miles sufficiently.  I am not sure what Long could have found out 2 1/2 years ago.  They may have been disappointed in Long's job for other reasons as well, so it could have been a firing for several reasons.

 

fired less than 12 hours later. 

I’m sure that isn’t the ONLY reason of course, but you can absolutely bet that it played a tremendous part in it. 

Les Miles should not have received a dime in buyout money. 

 

[houtiger]

24 minutes ago, Nutriaitch said:

fired less than 12 hours later. 

I’m sure that isn’t the ONLY reason of course, but you can absolutely bet that it played a tremendous part in it. 

Les Miles should not have received a dime in buyout money. 

 

If you were 100% sure you could PROVE IN A COURT OF LAW that Les did what people in the report said that Les did, he did not deserve a dime.

Les's attorney had already released a statement contesting what the people in BR said about Les:

 

Quote

 

New York based attorney Peter Ginsberg said “The events of the past twenty-four hours are deeply disturbing. Eight years ago, LSU hired Taylor Porter, a preeminent law firm, to conduct an extensive and thorough investigation of allegations lodged at Les Miles.

Under the guidance of one of the nation’s leaders in the area of gender discrimination and harassment, Taylor Porter concluded that Coach Miles did not engage in any conduct that constituted sexual harassment and that there were no grounds to discipline Coach Miles.

Now, eight years later, LSU, in the wake of enormous pressure from the NCAA for conduct that has nothing to do with Coach Miles, issued a report conducted by Husch Blackwell.

The report revealed no new evidence. Indeed, Husch Blackwell did not even bother to interview Coach Miles or many other key witnesses but, instead, second-guessed the Taylor Porter findings and conclusions without providing any basis for doing so.

Bending to the winds of media blowback, Kansas has now decided to put Coach Miles on administrative leave. Before the release of the reports this week, Kansas had been provided with significant information supporting Taylor Porter’s conclusions. KU also had performed thorough due diligence before hiring Coach Miles. Kansas’ decision to put Les Miles on administrative leave is both disturbing and unfair. To fail to recognize that a person’s career should not be compromised by unsubstantiated allegations hardly is consistent with the example an institution of higher learning should champion.”

 

In other words, its a "brush back pitch", thrown high and inside.  Think long and hard before you try to fire me for cause, unless you are 100% SURE you can prove the reason in court, because we don't agree with the charges stated against Les, and we will fight you in court.  What does Les know about the conduct of affairs in the KU athletic dept., or the university in general, that you may not want coming out?  KU probably has not interviewed the ladies making statements about Les.  They probably live in Louisiana.  To interview them and build an adequate legal case strong enough to justify termination for cause in light of a well funded adversary who knows a lot more about the situation than you do, you could not take the termination step quickly without performing your own due diligence.  Otherwise you could get caught in court with your pants down (no pun intended ).

All things considered, KU did the most reasonable thing.  They got out of the deal cleanly at the lowest cost that they could, without incurring any potential legal liability for themselves.

We may not like it, but that is our legal system.

[Nutriaitch]

17 minutes ago, houtiger said:

If you were 100% sure you could PROVE IN A COURT OF LAW that Les did what people in the report said that Les did, he did not deserve a dime.

 

read the contract language i posted. 

it literally says “in Athletics of KU’s judgement” brings KU “public disrepute, embarrassment, contempt, or ridicule”

the only thing Les needs to be guilty of is causing KU to think he caused them “public disrepute, embarrassment, contempt, or ridicule”

 

* scene cuts to a court room*

Lawyer: your honor i submit into evidence Les Miles’ contract at KU and draw your attention to the final bullet point in the “Just Cause” section .  The contract specifically states KU Athletics has the authority to determine if coach caused them embarrassment or disrepute, or ridicule, etc.

Lawyer questioning a KU athletics rep:
sir/ma’am, in the opinion of your Athletic department, do you find it embarrassing that your head coach’s name is currently making headlines for possible sexual wrongdoings?

Rep of KU: yes it is embarrassing. It also has had a negative impact on our reputation as we constantly have to answer questions about it.

Lawyer: no further questions your honor

Judge in case: Court rules in favor of the University.   have a good day.

 

 

[houtiger]

Miles Attorney: What timeframe was this contract in effect?

KU guy:  The contract was in effect from the day it was signed until Miles was terminated for cause.

Miles Attorney:  Did Miles commit any offenses governed by the contract while the contract was in force?

KU guy: No.

Miles guy: So, there are no provable actions or activities engaged in by Miles during the time the contract covered?

KU guy: No.

Miles guy:  Therefore, you have wrongfully terminated Les Miles.

 

The key is when is the contract in effect.  The KU contract was not in effect when the Miles alleged activities took place at LSU.  Therefore, those activities are not covered by the KU contract.  Does the contract say "if you EVER", including in any prior employment?  I doubt that it does.

Edited March 12, 2021 by houtiger

[Nutriaitch]

16 minutes ago, houtiger said:

Miles Attorney: What timeframe was this contract in effect?

KU guy:  The contract was in effect from the day it was signed until Miles was terminated for cause.

Miles Attorney:  Did Miles commit any offenses governed by the contract while the contract was in force?

KU guy: No.

Miles guy: So, there are no provable actions or activities engaged in by Miles during the time the contract covered?

KU guy: No.

Miles guy:  Therefore, you have wrongfully terminated Les Miles.

 

The key is when is the contract in effect.  The KU contract was not in effect when the Miles alleged activities took place at LSU.  Therefore, those activities are not covered by the KU contract.  Does the contract say "if you EVER", including in any prior employment?  I doubt that it does.

Lawyer: what date did this become public knowledge?

KU person: March 2021. 

Lawyer: is that the point at which it became an embarrassment:

KU person: yes

Lawyer: and at the time the embarrassment was brought upon KU, was Miles under this contract?

KU person: yes

Lawyer: no further questions. 

 

you are confusing the alleged acts at LSU themselves with the painting KU in a bad light. 

He did not embarrass KU in 2013. 
That happened early march 2021. 

(allegedly) kissing the girl is not what violated his contract. 
being the lead headline is what breaches the contract. 

and he’s the lead headline now, not back in 2013. 

[houtiger]

Miles did not do anything wrong, nothing alleged, in the period the contract was in force.  KU has no proof that Miles did anything wrong in 2013, only an allegation. 

At one point it was alleged that the Duke Lacrosse team, several members raped a girl.  It turned out, after months, to not be true.

An allegation is not proof.  KU would be at significant legal risk if they terminated Miles for cause for allegations some 8 years earlier at a different job, and they did not have a strong case, one essentially they knew they could win.

AD Long did not make that decision on his own.  You can bet there was a meeting with the university president, their in-house legal counsel, outside litigation attorneys, and Long.

The Univ. president made the call, based on the best counsel he could get from all parties.

All things considered, he made the right choice.

I worked for a company that wrote software products that competed against IBM.  At one point we sued them, and we won.  In the long run, management finally concluded that although we had won, we lost.  We lost because as a young company, the amount of executive time that was consumed in the lawsuit hurt the growth prospects of the company far more than winning the lawsuit helped the company.

KU does not want the university leadership working on a lawsuit with Miles over something that happened 8 years ago and another University.

That's why they settled.  It is the smart choice, given our legal system.

[Nutriaitch]

7 hours ago, houtiger said:

Miles did not do anything wrong, nothing alleged, in the period the contract was in force.  KU has no proof that Miles did anything wrong in 2013, only an allegation. 

well, that’s not why they fired him so that’s still not relevant  

he is fired for CURRENTLY having KU’s name plastered in the same headlines as the words “sexual assault”. 

the assaults themselves are NOT what he’s being fired for. so his guilt/innocence of those are only marginally relevant at the absolute most.

the fireable offense is the negative headlines. and those headlines absolutely happened. and i can link you to as many as you’d like. 

 

[houtiger]

3 hours ago, Nutriaitch said:

well, that’s not why they fired him so that’s still not relevant  

he is fired for CURRENTLY having KU’s name plastered in the same headlines as the words “sexual assault”. 

the assaults themselves are NOT what he’s being fired for. so his guilt/innocence of those are only marginally relevant at the absolute most.

the fireable offense is the negative headlines. and those headlines absolutely happened. and i can link you to as many as you’d like.

So with all the information that is available to everyone, and a meeting with the best legal minds KU could assemble, the president of the university decided NOT to terminate Miles for cause and forego any payment.  The president of the university decided to pay Miles $2 million as a settlement to end his association with the university.  You can link all the headlines you want, everyone knows that.  But for all the reasons I have stated above, KU did NOT want to enter a courtroom and try to PROVE that Miles was terminated for cause.  They SETTLED and paid Miles $2 million to go away, which is the smart move.

[Nutriaitch]

20 minutes ago, houtiger said:

  But for all the reasons I have stated above

your reasons are not correct. sorry.
his 2013 guilt/innocence has nothing to do with his current contract.  in fact would not even be brought up in legal negotiations, because THEY ARE NOT THE REASON HE WAS FIRED.
still.

his CURRENTLY bringing ill repute to the university of Kansas is absolutely 100% a breach of contract.

plain and simple. His contract specifically forbids him from bringing any sort of embarrassment, ridicule, etc to the university.  
Written in very plain English that the University sen gets to decide what they consider to be the above mentioned embarrassments, ridicule, public disrepute, etc.
He was absolutely 100% fired for cause and not for performance.  You don't fire a coach for performance issues in March.

I would win this case in less than a day and I'm not even a lawyer it's that clear cut.
It's why that was one of the questions that got the most coverage in the AD's presser announcing his firing.

Which in turn helped lead to the AD's firing.
The AD got a buyout, because he was not fired for cause.  He was fired for doing a shitty job.

20 minutes ago, houtiger said:

KU did NOT want to enter a courtroom and try to PROVE that Miles was terminated for cause.  They SETTLED and paid Miles $2 million to go away,

no shyte.
I'm sure being long time personal friends with the AD had nothing to do with it either.

20 minutes ago, houtiger said:

which is the smart move.

and this is where we disagree.
a real AD with half a nut sack fires him for cause.

[houtiger]

18 minutes ago, Nutriaitch said:

I'm sure being long time personal friends with the AD had nothing to do with it either.

and this is where we disagree.
a real AD with half a nut sack fires him for cause.

Being long time friends with the AD had nothing to go with the decision, because the AD did not make the decision.  Just like at LSU, when Alleva recommended to the incoming president of the university that Miles be terminated for cause in 2013, Alleva could not call that shot, it was over his head.  And Long could not call the shot at KU, because the legal exposure he would have subjected KU to was above his pay grade.  It was the president's decision, and at that point, it is strictly business.  You get your legal counsel's involved in that decision, because the ramifications are primarily legal.  Miles attorney had already thrown the brush back pitch, they indicated they would not simply roll over.

And if the AD had fired him for cause in light of the entire situation, the AD would have been a full nut.

No university president would let an AD call that shot, particularly a friend of Miles.  The president runs the university business, and he needed to keep his business from remaining in the headlines for months in an ugly trial.  Miles had $8 million on the table to fight for, his attorney would get a sizable chunk of that if they prevailed in court.  You would not walk away from that without a fight.

It was a strictly business decision, and the president made it.  He certainly would not have let an employee who probably knew he was going to be fired, and who was friends with Miles, call that shot.  That would have been totally stupid.  When an employee knows or suspects he is going to be fired, he no longer has the best interest of the business in mind.  No way you would have let a soon to be terminated AD make that call, no way.

[Hatchertiger]

And now Les Miles ...