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Why not Major Applewhite?
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<blockquote data-quote="Darth_VadEER" data-source="post: 129429883" data-attributes="member: 1536653"><p>If we gave this ultimatum to Dana, it would violate his contract. He could simply quit and WVU would have to pay for his full buy-out and possibly additional monies. </p><p></p><p>You're right about one thing, nothing in Dana's contract says WVU can't hire a person for the same position he already has in order to embarrass/humiliate to the point he simply quits - it doesn't need to be directly expressed, that's not how contracts work.. Those conditions are implied and expressed all through the contract and that's why we have Judges, who look at the <strong>intent </strong>of the parties.</p><p></p><p>If Dana was stripped of all his duties (and replaced by someone else), then WVU is in violation of the contract - because those duties are expressed in the contract. Get it? The only thing they could do is ask Dana to renegotiate (which he wouldn't).</p><p></p><p>As I've said a number of times, Bowden's contract was expiring. FSU had already met the contract's obligation. Bowden wanted an ADDITIONAL year. He was basically offered a Emeritus position. They weren't going to RENEW his contract so he retired. Was he forced out? Yes, absolutely - but it's not even in the same universe of what your suggesting we do to Dana.</p><p></p><p><a href="http://espn.go.com/ncf/news/story?id=5493285">http://espn.go.com/ncf/news/story?id=5493285</a></p><p></p><p><em>Bowden, who had asked to coach one last season, told the AP that Wetherell presented him with two alternatives.</em></p><p><em></em></p><p><em>"Number one, you can stay as ambassador coach. I don't think I've ever heard of an ambassador coach in my life. I said, 'Well, what is an ambassador coach?'</em></p><p><em></em></p><p><em>"He said, 'Well, you can remain the head coach but you can't coach out on the field.' Now how can I be the head coach of this team if I can't go out on the field? So I said, 'Well that's out.'</em></p><p><em></em></p><p><em>"So I said, 'What's the next alternative?' The next alternative, we ain't going to <strong>renew</strong> your contract," Bowden said with a big laugh. "Does that sound like I resigned?"</em></p></blockquote><p></p>
[QUOTE="Darth_VadEER, post: 129429883, member: 1536653"] If we gave this ultimatum to Dana, it would violate his contract. He could simply quit and WVU would have to pay for his full buy-out and possibly additional monies. You're right about one thing, nothing in Dana's contract says WVU can't hire a person for the same position he already has in order to embarrass/humiliate to the point he simply quits - it doesn't need to be directly expressed, that's not how contracts work.. Those conditions are implied and expressed all through the contract and that's why we have Judges, who look at the [B]intent [/B]of the parties. If Dana was stripped of all his duties (and replaced by someone else), then WVU is in violation of the contract - because those duties are expressed in the contract. Get it? The only thing they could do is ask Dana to renegotiate (which he wouldn't). As I've said a number of times, Bowden's contract was expiring. FSU had already met the contract's obligation. Bowden wanted an ADDITIONAL year. He was basically offered a Emeritus position. They weren't going to RENEW his contract so he retired. Was he forced out? Yes, absolutely - but it's not even in the same universe of what your suggesting we do to Dana. [URL]http://espn.go.com/ncf/news/story?id=5493285[/URL] [I]Bowden, who had asked to coach one last season, told the AP that Wetherell presented him with two alternatives. "Number one, you can stay as ambassador coach. I don't think I've ever heard of an ambassador coach in my life. I said, 'Well, what is an ambassador coach?' "He said, 'Well, you can remain the head coach but you can't coach out on the field.' Now how can I be the head coach of this team if I can't go out on the field? So I said, 'Well that's out.' "So I said, 'What's the next alternative?' The next alternative, we ain't going to [B]renew[/B] your contract," Bowden said with a big laugh. "Does that sound like I resigned?"[/I] [/QUOTE]
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Why not Major Applewhite?
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