‘CONTRACT OF EMPLOYMENT:
WOMEN’S BASKETBALL HEAD COACH.
STATE OF LOUISIANA
PARISH OF LINCOLN
‘This agreement is made and entered into on this diy of August
2014, and shall have retroactive effet to April 1, 2014, between Louisisna Tech University
(hereinafter referred to as “UNIVERSITY” and through its President, Dr. Leslie K. Guiee and
Ross Tyler Summitt (hereinafter referred to as COACH"). This agreement is subject tothe
approval ofthe Board of Supervisors of the University of Louisiana System (hereinafter refered
to as “BOARD"), the management board for Louisiana Tech University. Louisiana Tech
University Foundation, Inc. (hereinafter referred to a8 “FOUNDATION") joins in this agreement
‘consenting to the obligations ineured by the FOUNDATION. This Contract of Employment
shall become the agreement between the parties supplanting all previous memoranda of
‘understanding,
EMPLOYMENT OF WOMEN’S BASKETBALL HEAD COACH
1.0, Employment
1.1 The UNIVERSITY does hereby employ COACH as women’s basket head
coach, and COACH does hereby accept employment and agrees to perform al of the serves
petaining tothe women’s basktball program which are easonably required of COACH, aswell
1s, sher services a may be reasonably contemplated hereunder, las reasonably preserbed by
the UNIVERSITY trough its President and Director of Abe.
1.2 COACH shall be responsible, and shall repor, diecly tothe UNIVERSITY'SDirector of Athletics and shall confer wih the Director of Athletes o the Director's designee on
all adinistative and echnical maters. COACH sl aso be under the general supervision of
UNIVERSITY President
1.5 COACH shall supervise and manage the women's basketbll team and shall
perform such other duties forthe UNIVERSITY'S alti rogram asthe Directo of Athletics
say reasonably assign, provided suc other services ee consistent withthe sevies and dies
ofan NCAA Division 1-A women's Bsketal head ash,
4 COACH agreos to cepreseat the UNIVERSITY positively in public and private
foams and shall not engage in conduct that reets advectely on the UNIVERSITY ois
thle programs.
20 Term
21 Theterm of
agrecment a fora Bxed period of ive (5) yours, commencing on
the 1" day of April, 2014, and ending March 31, 2019. For purposes ofthis agreement, each
contract yer shall begin on April * and end on March 31* ofthe following ealendat yest.
22 This agreement may be amended or extended at any time during the period of
‘his connect by mutual signed agreement of both partes and approval bythe BOARD.
23. Notlaterthan March 31, 2017, the Director of Athletes shall ether renew
‘COACHT's Contract of Employment, with terms and conditions tobe negotisted atthe time of
‘renewal and reflected in a writen agreement signed by the parties, or will give COACH notice of
inwont not to renew the Contract of Employment for an ational term
3.0 Compensation
31m consideration of COACH'S services and satistictory performance of this
agreement, UNIVERSITY shall pay COACH a base annual salary of $175,000 forthe fenm oftis agreement, payable on & monthly basis
3.2 COACH shal not appear on any television or radio program or advertisement not
suthoized by the UNIVERSITY without the prior writen aporoval ofthe UNIVERSITY, such
approval not fo be unreasonably withheld, excep routine news media interviews fr whic no
compensation i received. COACH may eppear an television o radi programs not in confit
with pre-game, post-game or coach's shows with prior written approval of the UNIVERSITY,
such approval not to be unreasonably withheld, COACH shall be ented to rain all
compensation from any paid appearances in sition to aay compensation set forth herein,
subject to and in socordace with he terms of Paragraph 90 below
40 Employee Benefits
UNIVERSITY will provide COACH the opportunity to participate in benefit plas foe
‘sath insane dental insane, retirement, dsbility, and life nnuranoe ona basi sonisent
‘with otter UNIVERSITY employees of a similar status, Such bereits will be based upon
‘COACH's base annual salary as provided by UNIVERSITY, es defined in Paragraph 3.1
5.0 Performance Incentives ~ Athletic Performance Goals
5:1 In scogntion of exemplary performance and th additions work that is equired
for postseason games a events and as an incemive for COACH to achieve the goals described
below, and since such addtional work generally results in an influx of private gis tothe
FOUNDATION, the FOUNDATION agrees within sat (60) days after the game or event to
pay to COACH the following supplemental payments:
‘Any, some, oF al of th following thee accomplishments shall entitle COACH to &
supplemental payment of $20,000:
1, Regular season conference champion;2, Conference tournament champion;
3, NCAA tournament parcpation.
‘The supplemental pay desribed above snot cumulative and shall be capped at $20,000.
COACH shall be ented to addtional cumulative supplemental payments forthe
following accomplishment:
WNT partipatos
10,000;
2. WNIT champion = $15,000;
5, Sweet 16 appearance in the NCAA tournament
510,000
4, Final 4 appearace inthe NCAA tournament» $25,000
5, Women's NCAA champion = $50,000
52 ‘Themaximum supplemental pay COACH may eam during esc basketball season
pursuant fo the provisos of paragraph 5.1 is $105,000. Auy supplemental payment camed
‘pursuant otis paragraph shall be payable thin 60 days of ersing fom the FOUNDATION,
solely from the atleti funds held by the FOUNDATION.
53. Duting postseason play, FOUNDATION may require COACH tobe involved in
its fundrising efforts, including sctvites involving sponsor and donor cultivation and
solicitation which coordinate with tournament play (inching special appearances at events and
radio and television interviews) for which it will provide COACH with mutually seed
supplemental payments, In hat regard, COACH sooeps his ole with the FOUNDATION an
independent contactor and agres thatthe services provided pursuant to that role are ia his
capacity «8 an independent contactor, not an agent oF employee of the UNIVERSITY or the
FOUNDATION. Supplemental payments made to COACH from FOUNDATION stall not be
considered eared income for the purpose of computation of benefits under Paragraph 4.0 above[No witiholdngs willbe made from these payments, and COACH shall be responsible fr all
applicable aes
60 Additional Benefits Package
{6.1 COACH shall be ened to « monthly stipend of $40 as reimbursement for use
‘of his personal vehicle for Univesity-relted activities. ‘This monthly stipend shall be payable
soley from athletic funds held by the Louisiana Tech University Foundation and shall be
payable icy fom FOUNDATION to COACHL
62 For as long asa certsin university benefactor makes memberships avaebe 19
LOUISIANA TECH ATHLETICS at no cos to UNIVERSITY or FOUNDATION, COACH
stall be entitled got and social club memberships) a Squire Cres Country Cub
63 COACH shall be entitled to moving expenses payable by FOUNDATION,
totaling aa mote than $10,000, pon submission of reasonable documentation of expenses
70 Camps and Clinies
LL COACH may operste 2 camp for the teaching of athletic pursuits on
UNIVERSITY property wo the end of better utilization of the facilites and with suitable
compensation paid to UNIVERSITY forthe use of suc facilities. The ute of UNIVERSITY
facies will be determined by the availability of those facilities as estblished by the
UNIVERSITY, provided, however, tat COACH shall have fist priory of we of sa faites
st he facies are available atthe time COACH requests ai se
712 kis specifically agreed that inthe operation of such camps, COACH acts for
himself in his private capacity and aot as an agent or employee of the UNIVERSITY and that
this agreement constitutes mersly a cease to use the propery’ and facilites subjet to the
cconeitions set forth in the athlece department camp poly or adopted by the UNIVERSITYPresident and Athletics Council. COACH agrees to protect, indemnify and save harmless the
[UNIVERSITY from and against any and all expenses, damages, claims, suits, actions judgments
and costs whatsoever, including reasonable attomey's fees, arising out of or in any way
connected with any claim or sction for property loss, personal injury or death during the
‘operation of said camp activities solely tothe extent arising out of COACH’s gross negligence or
‘wilfal misconduct. COACH is an independent contractor during sad camp activites and, as
such, is Hlensed to use certain failites of the UNIVERSITY. COACH, as a UNIVERSITY
employse, will undertake to observe and reqite campers and its staff t0 conform to the general
rules applicable tothe use of UNIVERSITY fails. Tals paragraph is designated 1 sssue
that nothing be done which is inconsistent with the maintenance of an educational campus
cavizonment and the character of a State institation which makes its fciities open to persons
‘without diseriminaion,
8.0 Shoe and/or Apparel Contracts
UNIVERSITY shall receive and then pay to COACH any funds which he obtains for
UNIVERSITY through his endorsements of shoe, apparel or equipment manufactures. The
benefits shall not be considered eared income for the purpose of computation of reiement
benefits, and COACH shall be responsible for all applicable taxes. Any endorsement agreements
must be approved in ving by dhe Director of Athletes, such approval not to be unreasonably
withheld, Ifthe UNIVERSITY negotiates » department-wide shoe or equipment contract, then
all funds reesived through such contract will be retained by the UNIVERSITY, If the
UNIVERSITY negotiates « department-wide shoe, epparel or equipment contrat that requires
COACH to terminate a shoe, apparel or equipment endorsement contact, then UNIVERSITY
‘will compensste COACH the same amount as COACH would have received pursuant to hisnegotiated shoe, apparel or equipment endorsement contrat,
9.0 Outside Income-Subject fo Compliance with Board Rules
9.1 COACH shall be probbited fiom roosving athletically related benefis or
compesition othet than es previously dserbed herein ffom any other soure without pior
‘writen consent of UNIVERSITY, such consent no tobe unreasonably withheld
92 COACH shall be authorized to eam other revenue while employed by the
UNIVERSITY, but such activites aze independent of his UNIVERSITY employment, andthe
UNIVERSITY shall have no responsibilty for any claims arising therefrom, COACH shall be
ented to etnin evenue generated from his operation of basketball camps and/or basketball
clinies in accordance with UNIVERSITY policy relating to camps or clinies conducted by
[Athletic Department personnel, All ouside income will be subject to approval in accordance
‘with tne Board of Supervisors forthe University of Louis Syston polisie, such approval aot
tobe unreasonably withheld
93 COACH shall report annually in writing tothe President on or before July 1* all
sthlesiclly related income ftom sources outside the UNIVERSITY including, but not limited to,
income fiom annuities, sports camps, housing benefits, complimentary ticket sales, television
and radio programs and endorsement or consultation contacts with athletic shoe, apare! ot
equipment mamufactarers or sellers and the UNIVERSITY shall have reasonable acess to all
records of COACH to verify this report (NCAA Constitution Article 11.2.2).
10.0 Use of Image
‘COACH grants UNIVERSITY the right during the term of this agreement 0 use, andthe
right to grant to others use of his name, nickname, initials, utograph,fasimile signature, voice,
video or film portrayals, photographs, likeness, image, or Zusimile image (the SummitImage") in any manne in connection with any reasonable radio and television services or
endorsement o sponsorship contrasts UNIVERSITY enters into for UNIVERSITY's
cndosement or COACH's endorsement; provide, however, tat ay use ofthe Sumit image
pursuant the tems hereof shall be subject to COACH's review and por approval (hich
approval shall ot be unteasonably withhold), provided, further, that such use doesnot violate
the tems ofa commersal endorsement previously approved pursuant to Paregraph 8.0 or
Paragraph 9.0, and provided, Sarthe, hall such uses ofthe Summit Imsge must cease a ihe
‘expiration or termination of COACH's employment as the UNIVERSITY's Women's Basketball
Head Coach,
11.0 Compliance with NCAA, Conference and University Rules
111 COACH shal abide by the rules and regulstions of the NCAA, Conference snd
UNIVERSITY, If COACH personally fund to be in violation af NCAA repultions, COACH
shall be subject to disciplinary or comouive ation as set forth in the NCAA enforcement
rocedues (NCAA Constuion 112.1), COACH may be suspended for period of time,
without pay, oF the employment of COACH may be terminated if COACH is found 1 be
personally guily of deliberate and sevious material violations of NCAA, Conference and
UNIVERSITY regulations (NCAA Constitution 11...
11.2 COACH sal also abide by state and fer laws, the Stat of Louisiana Code of
Government Ethis, UNIVERSITY policies and regulation, and the policies and regulations of
the University of Louisiana System, In public appearances he shall tall ines cond himself
ina manner hat befits UNIVERSITY oficial and shall lays stem o erate goodvll anda
00d image forthe UNIVERSITY.
12,0 Women's Basketball Stat12.1 COACH may make hiring decisions regarding assistant basketball coaches and a
basketball operations employee in his sole dserotion subject to approval of the Director of
Athlete and approval bythe Board of Supervisors for he University of Louisian Sse such
approvals not to be unreasonably withheld, condoned or dlayed.
12.2. COACH shall be given a salary poo of $265,000 annually 0 spend hing the
three assistant basketball coaches. COACH may make slay allotments in his sole isretion
subject to approval of the Director af Aibltss, such approval not to be unreesonsbly withheld,
consitioned or delayed, As performance incentives for bis thee assistant coaches and one
basketball operations employee, COACH shall be autbovized to guarantee supplemental
incentives of $10,000 cach ifthe women's basketball team reaches the NCAA tournament,
COACH sal be authorized to gurantee suppemena incentives of 85,000 each ifthe women's
‘ssa tam reaches the NIT Toumament, Thew supplemcialnccives sal be pd solely
fiom the athletic fands held by the Louisiane Tesh University Foundation
130 Termination
14.1 If COACH is terminated without cause during the term of the contact, 2s
liquidatod damages, the FOUNDATION shall pay COACH the Guaranteed Compensation for
the reminder of the tem of the contrat. For purposes of this provision, “Guaranteed
Compensation” means the annual base salary set forth in Paragraph 3.1 herein and radio and
television compensation payable under 32, if any. These amounts sell be payable by the
FOUNDATION solely though its alec finds, The lguidated damages peyment for the
twelve (12) mouth peiod folowing termination shall be pai within 60 days of teminstion
Liquidated damaged du to COACH beyond such 12-month period shall be payable inthe scl
_yeer following temmination, but no Inter than April! of such year. FOUNDATION, in its soleiseretion, may accelerate payments due to COACH, These payments shall not be subject o any
mitigation,
13.2 Inthe event COACH terminates the contract without cause during the tem ofthe
‘contac, a liquidated damages, COACH will pay the FOUNDATION the following amounts as
liquidated damages:
terminated by COACH prior fo April 1, 2015, COACH shall owe $250,000;
Ifterminated by COACH prior fo April 1, 2016, COACH shall owe $200,000;
terminated by COACH prior fo April 1, 2017, COACH shall owe $150,000;
ftermingted by COACH pric to April 1, 2018, COACH shall owe $100,000;
terminated by COACH prior to April 1, 2019, COACH shall owe $50,000.
[Liguidated damages due to FOUNDATION shall be paid within 60 days of tennination
13 Just cause for termination of COACH by the UNIVERSITY shal include the
following: COACH’s material violation or gross disregard of state or feral laws which results
fn iy indicunent (oot W iclude misdemeanor tualBc offenses), oF any material violation by
COACH of major NCAA or conference regulation or any material violation by him of
University of Athletes policies or procedures, provided in all cases lst above that COACH
has been given seven (7) days o ewe sid material violation, ifeuable. No damages shall be
ie if termination i for just cause.
134 If COACH terminates the contat, of ifthe contract is tenminted for ese,
wither the UNIVERSITY nor the FOUNDATION stall be lable for any payments or benefits
after the date of termination, except for amounts previously cared (including supplemental
payments) but not yt pad
195 COACH sigy be trminatod at any time due to financial eieamstances in which
the UNIVERSITY or the University of Louisiana System has declaration of finenial exigency.
In the event of such termination, COACH will receive as liquidated damages suis payable toCOACH pursuant to Paragraph 3.2 for the remainder ofthe term of the conret, Such sum shall,
be payable by the FOUNDATION solely through its athletic fands and shall be pid within 60
days of termination, All compensiton, including sary, benefit, end other remuneration
{incidental to employment cease upon temnineton.
13.6 This agreement my be terminated one hundred eighty (180) consecutive calendar
days after the late of) the date COACH becomes pemancnly disabled (as defined berin) or
(i the dae COACH first reosives payment of benefits under any sissy insurance plan in
‘which he may be carlled. “Permanently disabled” shall meen physical or mental incapacity ofa
natre that prevents COACH from performing his duties under his agreement fora period of one
hundred twenty (120) consecutive calonéar days, as determined by a physician munaliy
sccepable othe UNIVERSITY and COACH (or, i the event that UNIVERSITY and COACH.
cannot agre ona medical doctr, hen each of UNIVERSITY and COACH wil sleet wail
doctor and he two doctors wil eles third medal doctor who will be the approved medial
oct for this purpose), If this agreement i terminated because COACH becomes permaneatly
isabled, all slay, compenstion, benefits, and perquisites shall erinat, except that COACH
shall receive aay disability benefits to which he senile under any disability program in which
hes enol.
13.7 This agreement shall terminate automaticaly upon the death of COACH, end all
salary, compensation, benefits, and perquisites shal erminate a of the calendar month in which