CSU Board Case

1. CSU FOOTBALL STAFF: A. Coach shall be permitted a total of six staff members to facilitate his head coaching duties. Of the six staff members:

1. Coach will be entitled to choose a maximum of four staff members, with final approval by a simple majority of the CSU Board.

2. The remaining two staff members must be chosen from current members of the CSU Physical Education Department, or hired through a valid, committee determined process involving the CSU faculty.

B. Coach will be consulted on all six staff member salaries, with the final pay ruling determined by a simple majority of the CSU Board.

C. After one year of the CSU football program, all hiring and firings will be the sole discretion of Coach, subject to a simple majority
CSU Board approval vote.

2. COACH’S OTHER EMPLOYMENT:
During the term of this Agreement, Coach is permitted to engage in outside employment only if the following requirements are met. Failure to adhere to these two requirements will result in a review by the CSU Board to determine consequences.

A. A written notice, request is sent, by Coach, to the CSU Board. The CSU Board will approve or deny the request within seventy-two (72) hours.

B. A written notice, request is sent, by Coach’s prospective employer, to the CSU Board. The CSU Board will approve or deny the request within seventy-two (72) hours.

3. SUSPENSION AND TERMINATION:
The CSU Board, along with applicable governing bodies shall have the right to suspend or terminate Coach’s employment.
A. Suspension. As Coach of the CSU football team, Coach will be held to a higher standard than a reasonable person. If Coach commits any of the following, Coach will be charged with a violation and subjected to a meeting in front of the CSU Board. The CSU Board will then vote by a simple majority in determining Coach’s punishment. If Coach is suspended for any amount of time, the suspension shall begin when a written, notification is sent to Coach. Coach may then appeal to a mediator at the Ohio Attorney General’s Office within two weeks of notification. Actions that could result in suspension include:

1. explicit failure or refusal to perform any of the duties laid out in the Section: COACH’s DUTIES;

2. committing a violation, whether intentional or negligent, of any major CSU Handbook rule;
3. failure to adhere to any legal responsibilities. These include, but are not limited to the state of Ohio laws, Federal laws, CSU Handbook rules and the governing NCAA rules.

4. conduct, including acts or omissions, that misleads CSU or the Athletic Director, Karin Mika, about any matters related to the CSU football team, including matters related to the Coach, any assistant coaches, other staff members or any student-athletes;

5. prolonged absence from the performance of Coach’s obligations, duties and responsibilities under this Agreement without the prior consent of CSU.

6. any adverse police involvement in Coaches activity. This includes, but is not limited to citations, arrests or warrants.

7. engaging in sexual conduct with any CSU students.

B.
Termination. Upon suspension, Coach will have two weeks to meet with the CSU Board. If Coach fails to meet with the CSU Board, without an excused absence. Coach will be automatically terminated. Karin Mika retains the sole power of excusing a failure to appear in front of the CSU Board. If Coach fails to appeal, while failing to adhere to the punishment handed down by the CSU Board or the Attorney General mediator, it will result in a for cause termination. In the event this Agreement is terminated for cause, all obligations by CSU to make further payment or provide any other consideration hereunder shall cease as of the date of termination. In no case shall CSU be liable to Coach for the loss of any collateral business opportunities, benefits, perquisites, income or consequential damages suffered by Coach because of the CSU’s termination of this
Agreement.

C. Termination by CSU Without Cause. CSU shall have the right to terminate Coach’s employment and this Agreement without any reason and without cause prior to the termination date. In the event of termination without cause, CSU will pay to Coach any unpaid base salary as of the date of termination. Coach will not be entitled to any further payments or benefits except as required by any Federal or State law requiring continuation of benefits

D. Termination by Coach. Parties agree that, should the National Football League Dallas Cowboy’s contact Coach for employment during the Term of this Agreement, Coach must notify CSU of such opportunity within seven days after Coach decides to accept. If Coach pursues this employment the contract will be terminated. Coach’s pay will be prorated and he will have to pay back his six hundred thousand dollars ($600,000) signing bonus.

E. Termination for Disability/Death. If Coach dies or becomes permanently disabled to the extent that, in the judgment of the Athletic Director, Coach cannot satisfactorily perform the duties of Coach this Agreement shall terminate and all obligations of the CSU to compensate Coach pursuant to this Agreement shall cease as of the date of such death or disability. CSU shall be obligated to compensate Coach or Coach’s estate in accordance with this Agreement for services performed prior to the termination date and Coach or Coach ‘s estate shall be entitled to those benefits, if any, that are payable.

4. VACATION: Coach is entitled to one (1) weeks paid vacation for each year of the contract term. Coach is eligible to begin a vacation after fifteen (15) weeks of employment. Coach must notify, in writing, the CSU Board and Athletic Director, Karin Mika of his plans to take a vacation no less than ten (10) days prior to taking such vacation. Coach is only permitted to take two consecutive weeks of vacation at a time. 5. SICK LEAVE: Coach is permitted five (5) days sick leave per year. Coach is required to give written notice to the CSU Board and Athletic Director, Karin Mika, on the day the leave is taken. If Coach requires leave for more than ten (10) days due to an illness, care of a relative, death of a family member or friend, or any other reason, then Coach must use his vacation days for such leave. Additional, detailed information governing the CSU’s Sick Leave Policy is outlined in the CSU Handbook.

6. CONFIDENTIALITY: Coach agrees to hold in confidence any information in any form whatsoever deemed confidential by CSU and received within the scope of his employment as head coach of the CSU football team. Failure to abide by this covenant may subject Employee to be terminated for cause pursuant to Section B (“Termination for Cause”).

7. LIABILITY & INDEMNIFICATION: CSU agrees to indemnify and hold harmless Coach against all claims of liability from third parties for any action committed within Coach’s scope of employment. Claims of liability include, but are not limited to, any injuries suffered by student athletes or staff members during the commencement of an official CSU game or practice. CSU also agrees to pay the costs of all applicable insurance under Ohio and Federal Law which concerns such incidents of liability.

8.
GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, regardless of the laws that might otherwise govern under applicable principles of conflict of laws thereof. CSU and Coach agree that the proper venue for any dispute arising from or related to employment shall be in Cuyahoga County, Ohio.

9. ASSIGNMENT: This Agreement shall endure to the benefit of, and shall be binding on, the CSU’s successors and assigns.

10. SEVERABILITY: If any provision of this Agreement is illegal or unenforceable, the other provisions will remain valid, binding, and enforceable.

11. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding and agreement between CSU and Coach about all matters contained herein and incorporates and supersedes all prior agreements between the Parties concerning the employment of Coach by CSU. There are no other agreements, conditions, or representations, oral or written, express or implied, with regard thereto. This Agreement may be amended only in writing, signed by both Parties.
IN WITNESS WHEREOF, the Parties hereto, having represented and warranted their authority to enter into and execute this Agreement, has executed this Agreement effective as of the last date written
below.