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re: Schiano MOU- Invalid

Posted on 12/8/17 at 3:20 pm to
Posted by the808bass
The Lou
Member since Oct 2012
111508 posts
Posted on 12/8/17 at 3:20 pm to
quote:

Bass, you're my Ninja, you know this, but surely you know what "WITH CAUSE" means.


Back atcha.
And “with cause” doesn’t mean “we didn’t like the stuff he was doing.” There will have to be gross misconduct to even cut the payout in any sizable fashion. The President’s statement in the Fulmer introduction isn’t going to help their case either.
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69902 posts
Posted on 12/8/17 at 3:29 pm to
quote:

There will have to be gross misconduct to even cut the payout in any sizable fashion.


Probably, we really don't know what all happened yet tho. I don't think they would have been so quick to pull the trigger on the firing with cause if they hadn't been advised by multiple attorneys with far more information about Currie's misconduct than you or I have.


But then again, this is Tennessee, we do stupid shite, it's what we do.


quote:

The President’s statement in the Fulmer introduction isn’t going to help their case either.





You could tell she was being very careful with what she said.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
119105 posts
Posted on 12/8/17 at 3:29 pm to
He's going to get a big check when he threatens to sue.
Posted by AlaCowboy
North Alabama
Member since Dec 2011
6942 posts
Posted on 12/8/17 at 3:32 pm to
quote:

The grand jury report suggests


The grand jury report STATES the first legal accusation came in 1998. That was three years after Schiano left PSU. There were "rumors" in 1994, but no actual accusations. Where was I wrong?
Posted by momentoftruth87
Member since Oct 2013
71421 posts
Posted on 12/8/17 at 3:36 pm to
quote:

Hey, if he's innocent, I feel bad for him. The person he should be most pissed at is Currie, if Currie hadn't tried to play secret agent with the coaching search and listened to literally ANYONE in the Athletic department who told him Schiano would not go over well, none of this would have happened.


I never said you didn't feel bad for him. I can understand fans not wanting that when it was all over social media. I'm not part of the problem though. Just giving facts about preception and how it looks.

You guys (Tennessee Fans) were emotional. I understand. You're passionate about the game and you want the best for the team that means that much to you.

I never ragged on the dude (Schiano) either. If you look back at my posts I believe I thought it was a good option for Arkansas right when his name was being attached as a candidate.

I'm just saying that he was there at a place that did really bad things and looks really bad because of the football program specifically (PSU).

Just to make this clear. And for those of you who dont think preception or stigma follows ppl. Look at teachers and kids, look at Me Too, look at damn cops having to wear body cameras.

End of rant
Not sorry.
Posted by the808bass
The Lou
Member since Oct 2012
111508 posts
Posted on 12/8/17 at 3:43 pm to
quote:

You could tell she was being very careful with what she said.


But she did say that he was given full authority to hire a coach. And that’s going to equal a nice payday for him.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/8/17 at 3:45 pm to
quote:

The grand jury report STATES the first legal accusation came in 1998. That was three years after Schiano left PSU. There were "rumors" in 1994, but no actual accusations.


The allegations date back to 1994 genius and 3 kids were identified in the grand jury report relative to that period, we're really just arguing semantics now with when and all that jazz and the "first legal accusation" to allegations of abuse and when it all started, hell it's rumored his pedophilia abuse dates all the way back to the 1970s and maybe it did because Sandusky's a serial rapist yo. Also, you said "first mention" and "mention" is a broad term, so "rumors in 1994" qualifies and Schiano was on his staff then.
Posted by the808bass
The Lou
Member since Oct 2012
111508 posts
Posted on 12/8/17 at 3:46 pm to
quote:

really just arguing semantics


Yeah. That’s pretty much what the legal profession is.
Posted by Volatile
Tennessee
Member since Apr 2014
5471 posts
Posted on 12/8/17 at 3:47 pm to
Parol evidence cannot contradict written terms of a contract.

At most it can only supplement terms where already ambiguous.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/8/17 at 3:53 pm to
The point is Schiano was on Sandusky's staff when the FIRST MENTIONS(charged occurrences of abuse, conduct from 1994-2009 was ultimately investigated) of serial impropriety related to Sandusky were made so that creates the REASONABLE INFERENCE that something along the lines of what McQueary testified to may have happened during that time. Let's be intellectually honest here: Sandusky wasn't exactly very scrupulous in attempting to hide his serial rape from Penn State coaches, one of the biggest coverups in college history so many hands were dirty and he had probably been doing it even before 1994 as rumored.
Posted by momentoftruth87
Member since Oct 2013
71421 posts
Posted on 12/8/17 at 3:59 pm to
Don't say that, you're doing more damage. Hahahaha. (sracasm) I have to point that out before I'm the bad guy hurting his name on tRant.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/8/17 at 4:01 pm to
quote:

Or do you think an MOU with millions of dollars at stake wouldn't be reviewed by his agent/attorney?


Grounds for legal malpractice, breach of fiduciary duty, bar complaint, etc
Posted by momentoftruth87
Member since Oct 2013
71421 posts
Posted on 12/8/17 at 4:02 pm to
What about defamation? I don't even know what that means but don't you usually hear this. Didn't Tennessee and their search actually find this, like they were supposed to?? The vetting right? Right!
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/8/17 at 4:04 pm to
quote:

Don't say that, you're doing more damage. Hahahaha. (sracasm) I have to point that out before I'm the bad guy hurting his name on tRant.


quote:

momentoftruth87


Penn State and Sandusky sure as hell didn't preclude him from being hired as the HC for a professional football franchise, then that massive 2 year trainwreck ensued. GOD his tenure there was embarrassing.
Posted by momentoftruth87
Member since Oct 2013
71421 posts
Posted on 12/8/17 at 4:07 pm to
And what about Ohio State?!? Weren't they getting a black eye last week for this? Lmao some ppl.

THEN!! THEN... I'm the bad guy talking about perception and stigmas.

Motherfrickers
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/8/17 at 4:14 pm to
quote:

What about defamation?


Bc Schiano's a public figure and he has to prove actual malice with clear and convincing evidence, it's an incredibly hard claim to prevail on-I mean, we're talking about an under oath legal deposition that implicated Schiano about something that happened like 20 years ago and the reason we have SOLs is because evidence can deteriorate or disappear and people's memory can be shoddy or completely vitiated and UTK isn't the court of law and has discretion regarding employee contracts and things of that nature in their capacity as sovereign immunity-protected so there's the perception to worry about and all, shorthand it's just gonna be so incredibly hard to prove actual malice in this case even extending out to McQueary, who was under oath and is basically responsible for all the people implicated in Penn State/Sandusky going to prison being the star witness.
Posted by Irons Puppet
Birmingham
Member since Jun 2009
25901 posts
Posted on 12/8/17 at 4:15 pm to
Did the University or anyone within the University put out a tweet or other form of announcement on the hire ? I wonder if Currie text or emailed anyone stating the deal was done.
Posted by Volatile
Tennessee
Member since Apr 2014
5471 posts
Posted on 12/8/17 at 4:17 pm to
My understanding is that one brave associate AD upon learning of it for the first time, leaked it and then all hell broke loose.

Currie didn’t tell anyone anything (except Haslam) until the very end.
This post was edited on 12/8/17 at 4:17 pm
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 12/8/17 at 4:18 pm to
quote:

My understanding is that one brave associate AD upon learning of it for the first time, leaked it and then all hell broke loose.



And people wanna attack Clay Travis for all this, what chodes
Posted by momentoftruth87
Member since Oct 2013
71421 posts
Posted on 12/8/17 at 4:26 pm to
But with these issues there will more than likely be a payment? No?

Btw thanks for the replies on the matter
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