Posted on 02/15/2006 10:08:14 AM PST by mainepatsfan
Judge: Ohio State improperly fired ex-coach O'Brien ESPN.com news services
COLUMBUS, Ohio -- A judge ruled Wednesday that Ohio State improperly fired basketball coach Jim O'Brien in 2004 after university officials learned he had loaned money to a recruit.
O'Brien broke his contract by giving the $6,000 loan, but the error was not serious enough to warrant firing, Ohio Court of Claims Judge Joseph T. Clark said, finding in O'Brien's favor in the coach's lawsuit against the university.
"Because plaintiff's failure of performance was not material, defendant did not have cause for termination," the judge wrote.
He said the university violated the contract by firing O'Brien without compensation.
In a statement, Ohio State vice president and general counsel Christopher M. Culley responded to the ruling:
"... The court decided that the coach's breach of trust did not warrant his dismissal. The university respectfully disagrees with that view. The next step in this process is phase two of the trial, on the issue of damages. The court's present decision will not be subject to appeal until that phase has been completed."
O'Brien sued the university for $3.5 million in lost wages and benefits after he was fired in June 2004. With interest and other damages, he could receive nearly $9.5 million. Damages will be determined after another hearing.
The coach, who led Ohio State to the Final Four in 1999, had argued that the personal loan to Aleksandar Radojevic, a 7-foot-3 prospect from Serbia, was not a violation because he knew Radojevic already had forfeited his amateur status by playing professionally.
He said he gave the money to Radojevic's family in late 1998 or early 1999 because the player's father had recently died and the family needed money for a funeral.
Radojevic never played for the Buckeyes, and O'Brien said he didn't tell university officials because it was a moot point.
In his lawsuit, O'Brien contended he was fired before any investigation could even determine if he had broken NCAA rules. A provision of his contract said the NCAA had to rule on alleged violations before he could be fired for that reason.
Ohio State president Karen Holbrook testified during the case that there was still justification for the dismissal because the contract also required him to uphold Ohio State's standards.
But in his ruling, the judge disputed the university's claim that O'Brien acted in bad faith and tried to cover up his actions.
"The evidence does not support such a sinister view of plaintiff's misconduct," Clark said.
Holbrook later defended the university's actions, saying in a statement that "we have acted forthrightly in compliance with NCAA rules and in the best interests of the athletics program and the university."
O'Brien, 55, coached the Buckeyes to a 133-88 record that included two Big Ten titles and a conference tournament title in seven seasons.
The NCAA is also investigating alleged violations committed during O'Brien's coaching tenure with the Buckeyes. It is expected to decide within the next few weeks on penalties for the program over the nine alleged violations -- seven in the men's basketball program, one in football and one in women's basketball.
Information from The Associated Press was used in this report.
ping
Thanks for posting.
yep I see that.
I don't know how they reconcile that there are 7 KNOWN violations as arbitrated by the NCAA to this "ruling".
It's crap. IF OSU said that this was the only reason why they fired him I would almost agree with the ruling, but it isn't. There were at least 7 other transgressions in it.
Can they appeal?
Wasn't Steve Fisher pushed out of U-M for something similar?
for approximately $9.5 Million, I certainly would give it a shot.
:)
I think he was and that happened right as O'Brien was hired too, which is what the clause was for.....
I;ll tell you this much though...
OSU isn't going ANYWHERE in the tournament.
If they can't hit any 3s, they can't win anything. And they don't know how to rebound either.
That's generally true for teams like that.
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