You are on page 1of 14
‘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'S Director 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 of tis 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 UNIVERSITY President 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 his negotiated 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 Summit Image") 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 Stat 12.1 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 sole iseretion, 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 to COACH 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

You might also like