You are on page 1of 15
Employment Contract Board of Trustees of State Institutions of Higher Learning This Employment Contract is made and entered into by and between The Board of Trustees of State Institutions of Higher Leaming of the State of Mississippi, hereinafter called the Board, and Nathaniel Kilbert, hereinafter called the Employee ‘The Employee is hereby employed as Head Women’s Basketballl Couch at Alcor State University, herein called the University, for the period beginning May 5, 2020 and ending on March 31, 2023 at and for the annual sum of § 105,000, payable in monthly installments starting at the close of the months of _2020 through March 2023, inclusive This employment contract is subject to the following terms and conditions: 1 The laws of the State of Mississippi and the policies and by-laws of the Board 2, The Board reserves the right to increase or decrease said monthly salary at any time during the life of this contract. Any decrease shall be made only when and if necessary to keep expenditures of the University within that part of the legislative appropriation allotted to the University for the period covered by this contract and shall be effective only from and after the date of the passage of an order by the Board ‘The Board shall have the authority to terminate this contract at any time for the following: a Financial exigencies as declared by the Board; b, Termination or reduction of programs, academic or administrative units as approved by the Board © Malfeasance, inefficiency or contumacious conduct, d For cause, 4. In the event the Employee abrogates this contract for his/her convenience, the Board shall then fix the time and conditions of terminations. 5. Special provisions O None Attached Clause(s) Addendum to Employment Contract In witness whereof, the parties hereto have executed this Employment Contract on this the 22 day of May 2020, (Employee Signature) (For the Board) Yalbinh Llib hey 25° 22 Page | of ADDENDUM TO EMPLOYMENT CONTRACT ‘This Addendum to Employment Contract is entered by and between the BOARD OF ‘TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING of the State of Mississippi, (hereinafter “BOARD”), and Nathaniel Kilbert, (hereinafter “EMPLOYEE”) WHEREAS, Alcom State University’s (hereinafter “UNIVERSITY”) INSTITUTIONAL EXECUTIVE OFFICER (hereinafter “President”, has been authorized by the BOARD to approve and execute this contract on its behalf, and WHEREAS, the terms of this addendum shall be incorporated into and become a part of the Base Contract dated May, 2020 and shall be binding upon the parties the same as if copied verbatim therein; hence, collectively, both documents shall constitute the "Employment Contract” and WHEREAS, the BOARD desires to employ the EMPLOYEE as the Head Women’s Basketball Coach at the UNIVERSITY, pursuant to a contract beginning May 5, 2020, and ending ‘on Mareh 31, 2023 (the “Base Contract”) with an option to renew for one year upon mutual written agreement of both parties, and wishes to enter this contract addendum with EMPLOYEE to supplement the terms and conditions set forth in the Base Contract; and WHEREAS, the UNIVERSITY in the normal course of business in higher education, maintains an Athletics Program and is a member of the Southwestern Athletic Conference (‘SWAC") and the National Collewiate Athletic Association (*NCAA), and WHEREAS, the parties acknowledge that although the Employment Contract is sports- related, the primary mission of the UNIVERSITY is education, and accordingly, the primary purpose of all of the UNIVERSITY’ legal arrangements, including the Employment Contract, is the furtherance of the UNIVERSITY’s educational mission; and WHEREAS, the EMPLOYEE also wishes to enter into this Employment Contract in order to supplement the terms and conditions set forth in the Base Contract NOW, THEREFORE, in consideration of the foregoing, the receipt and sufficiency of which consideration is hereby acknowledged, the BOARD and EMPLOYEE hereby agree as follows: Employment Addendum far Head Women's Basketball Coach Page 1 of 14 BOARD: _ empoves: AIK 1 ERM OF EMPLOYMENT A. The term of the Employment Contract shall be for a term beginning May §, 2020 and ending March 31, 2023. This Employment Contract shall terminate at its end date, without any obligation to give notice that it will not be renewed, unless the parties agree in writing to renew the contract for one additional year. Such written agreement to renew for one additional year must be signed by both parties on or before March 31, 2024 B. The Employment Contract is renewable solely upon an offer from the UNIVERSITY and acceptance by the EMPLOYEE, which must be in writing and executed by the parties, The Employment Contract in no way grants the EMPLOYEE a claim to tenure in employment or any years of employment attributable to tenure with the UNIVERSITY. C.__ This employment is contingent upon the EMPLOYEE completing, to the satisfaction of UNIVERSITY, criminal records, educational history, employment history, and any other background checks sought by UNIVERSITY I, HEAD WOMEN’S BASKETBALL COACH DUTIES AND RESPONSIBILITIES A. The EMPLOYEE is hereby employed full-time as the Head Women’s Basketball Coach for the duration of the term set forth in Section I with all of the duties, responsibilities, obligations, and privileges normally associated with the position of Head Women’s Basketball Coach at a university such as UNIVERSITY. B. The EMPLOYEE agrees to diligently utilize best efforts to perform all of the duties of this Position and to devote such time, attention and skill necessary to the performance of these duties, which involve directing, managing and maintaining a successful Intercollegiate Women’s Basketball Program at the UNIVERSITY, under the supervision and control of the UNIVERSITY, and within the budget assigned by the UNIVERSITY for the maintenance of the Women’s Basketball Program C. The EMPLOYEE shall have the authority to recommend for employment athletics personnel in accordance with the budgetary allowances of the Athletics Department-Women’s Basketball Unit and subject to the approval of the UNIVERSITY. ‘The EMPLOYEE and the Women’s Basketball Unit staff shall be subject to all UNIVERSITY policies, rules and regulations, D. The duties of the EMPLOYEE as Head Women's Basketball Coach shall include, but not be limited to, the following: 1) Maintain a motivated and competitive Intercollegiate Women’s Basketball Unit at the UNIVERSITY that places a priority on the health and welfare of the student athletes: 2) Ensure Women’s Basketball Unit compliance with: (1) the Constitution and Bylaws of the SWAC and of the NCAA, as they may be amended; (2) all state and Federal Employment Addendum for Head Women’s Basketball Coach Page 2 of 14 BOARD: ____ employee: ALJC laws: (3) BOARD policies and procedures, as they may be amended: and (4) the traditional standards associated with this profession. 3) Supervise and manage the staff of the Women’s Basketball Unit, including ensuring compliance of the staff with all applicable Constitution, Bylaws, rules, regulations, Code, policies and procedures of the BOARD, the UNIVERSITY, the SWAC, and the NCAA; 4) Conduct all Intercollegiate Women’s Basketball Unit programs and activities in a manner consistent with the UNIVERSITY’s primary purpose of education and the reasonable person standard of ethics; 5) Assure the recruitment and retention of qualified student athletes, their progress toward a degree in a defined academic program, and the academic progress of student athletes within the Women’s Basketball Unit 6) Maintain academic enhancement programs designed to ensure increased student athlete graduation, retention rates, and satisfactory NCAA Academic Progress Rate (APR) within the Women’s Basketball Uni 7) Upgrade and maintain a visible and successful athletic marketing program for the UNIVERSITY, 8) Maintain involvement with the community at large and alumni as necessary to sustain goodwill and positive public relations with the community at large, alumni, and athletic patrons of the UNIVERSITY; 9) Administer compliant human resources management practices with staff and team members of the Intercollegiate Women’s Basketball Unit, including following evaluation procedures for the staff in accordance with the policies and procedures set forth by the UNIVERSITY’s Human Resources Department: 10) Maintain sound business practices associated with the management of the Intercollegiate Women’s Basketball Unit budget and operations; 11) Initiate and maintain a comprehensive Intercollegiate Women’s Basketball Unit fundraising program, which shall include, but not be limited to, solicitations of non-State or other private revenue sources; 12) Maintain all duties and best practices normally associated with the Head Women’s Basketball Coach position, including directives of the Athletics Program as established by the Director Intercollegiate Athletics or the President; and Employment Addendum for Head Women's Basketball Goach Page 3 of 14 BOARD: ___ EMPLOYEE: ALL 13) Perform other duties as may be assigned. E, The EMPLOYEE shall not incur indebtedness for or on behalf of the UNIVERSITY without first securing the approval of the President. F Violations of any of the above listed duties or other misconduct will be grounds for termination. ML. COMPENSATION A. In consideration for services and satisfactory performance of the conditions of the Employment Contract by the EMPLOYEE, the salary for the position of Head Women’s Basketball Coach is hereby set at the annual amount of $105,000, This is based on a full-time, twelve-month period commencing on the beginning date of the Employment Contract. Salary shall be paid by direct deposit on a monthly basis on the normal pay dates for other UNIVERSITY personnel. Funding for this position is contingent upon proper and continued appropriations and funding sources and the availability of funds. As set out in the Employment Contract, the BOARD reserves the right to decrease the monthly salary during the Contract term upon order of the BOARD if necessary to keep expenditures of UNIVERSITY within that part of the legislative appropriation allotted to the UNIVERSITY for the period covered by this Contract. B. The EMPLOYEE shall be entitled to any supplemental or fringe benefits generally made available to regular full-time exempt employees of the UNIVERSITY pursuant to its policies. Neither the BOARD nor the UNIVERSITY shall be responsible for any other compensation or monetary benefit to the EMPLOYEE of any kind unless it is specifically set forth herein EMPLOYEE shall be responsible for paying any local, state, and federal or other personal income or other taxes due or owing as a result of his receipt of any compensation or benefits paid pursuant to this Employment Contract. C._ The EMPLOYEE shall be entitled to access to and usage of an automobile from the UNIVERSITY motor pool for use on UNIVERSITY business D. The EMPLOYEE shall conduct such travel within the allotted budget as is necessary 10 carry out the duties and responsibilities of the position, and in accordance with established policies and procedures of the UNIVERSITY E. The EMPLOYEE acknowledges that the President has the right to unilaterally reassign the EMPLOYEE to other UNIVERSITY duties, in accordance with his skill and qualifications, during the term of the Employment Contract. Reasonable notice shall be given of such reassignment and shall not be predicated upon any condition precedent to such reassignment. Reassignment acts as ‘an authorized personnel action of the UNIVERSITY and may be performed for any reason deemed satisfactory by the UNIVERSITY or no reason, and in the best interest of the UNIVERSITY. Employment Addendum for Head Women's Basketball Coach Page 4 of 14 BOARD: emevovie: ALK Should such a reassignment occur, the UNIVERSITY agrees to compensate the EMPLOYEE at a level commensurate with the reassigned duties, which may, in the sole discretion of the President, be set at an amount less than the aforementioned annual salary set out in Section IIIA. of this Addendum IV, PERFORMANCE-BASED INCENTIVES, A. The following outlines performance-based incentives associated with the Employment Contract between the EMPLOYEE and the UNIVERSITY that proffer additional remuneration, Additional compensation shall include the following incentive payments to the EMPLOYEE for meritorious performances of the women’s basketball team commencing with the 2020 season and ending with the with the last season covered under this Contract, if the specific benchmarks for each incentive are reached a SWAC Regular Season Championship - EMPLOYEE shall be entitled t0 $5,000 nonrecurring salary increase for that year for the women’s basketball team winning the SWAC Regular Season Championship. b. SWAC Toumament Championship — EMPLOYEE shall be entitled to $10,000 nonrecurring salary increase for that year for the women’s basketball team winning the SWAC Tournament Championship. c. Women’s National Invitational Tournament (WNIT) Appearance - EMPLOYEE shall be entitled to $6,000 nonrecurring salary increase for that year for the women’s basketball team being invited to play and actually appearing in the WNIT. d_ Women’s National Invitational Toumament (WNIT) Advancement ~ For each round of the WNIT to which the women’s basketball team advances, EMPLOYEE shall be entitled to $2,000 nonrecurring salary increase for that year. £ National Collegiate Athletic Association (NCAA) Tournament Advancement ~ For each round of the NCAA Toumament to which the women’s basketball team advances EMPLOYEE shall be entitled to $8,000 nonrecurring salary increase for that year g. Grade Point Average ~ Ifthe team Grade Point Average for the academic year is 3.0 or above, EMPLOYEE shall be entitled to a nonrecurring salary increase of $3,000 for that year, h. APR (Academic Progress Rates) ~ If the APR for the academic year is 950 or above, EMPLOYEE shall be entitled to a nonrecurring salary increase of $2,000 for that year i, SWAC Coach of the Year ~ EMPLOYEE shall be entitled to $3,000 nonrecurting salary increase for being named SWAC Coach of the Year. Employment Addendum for Head Women’s Basketball Coach Page 5 of 14 BOARD: EMPLOYEE: ALK j. Regular Season Record - EMPLOYEE shall be entitled to a $2,500 nonrecurring salary increase for winning 20 or more games during the regular season. k. Rival Game - EMPLOYEE shall be entitled to a $2,500 nonrecurring salary increase for winning against Jackson State University in at least one regular season game. EMPLOYEE acknowledges that pursuant to Miss, Code Ann, § 25-1 1-103(K) (1972, asamended), performance-based incentive payments made under this Provision are not reportable to the Public Employees’ Retirement System as Eamed Compensation for retirement purposes. B. Game Guarantees - If the Women’s Basketball Team exceeds $115,000 in game guarantees per season, the amount upon which the operating budget for the Women’s Basketball team is based, the EMPLOYEE will have an option to present a proposal to the Athletics Director for review and approval 1 use funds in excess ofthe $115,000 for the exclusive benefit of the Women’s basketball program. Subsequent approval from the President will be required, Funds will be used in accordance with applicable State Laws, IHL BOARD Policies, and NCAA regulations. V. SUPPLEMENTAL CONTRACTS FOR BROADCASTS AND TELECASTS, A. EMPLOYEE may host a television and/or radio show to promote the Aleorn State University Women’s Basketball Team. B. It is specifically agreed that in the filming or producing of such television shows, EMPLOYEE ects for himself in his private capacity and not as an agent or EMPLOYEE of the UNIVERSITY and that this Agreement constitutes merely a license to use the property and facilities subject to the conditions hereafter stated. a. The EMPLOYEE agrees to pay the UNIVERSITY all related costs incurred by the UNIVERSITY in the filming or production of the television and/or radio show. b. Long distance phone calls, UNIVERSITY supplies, printing, postage, University vehicles, etc., will be utilized on a complete University cost recovery basis. c. Complete records will be maintained regarding income and expenditures associated with said television and/or radio show and available for verification by UNIVERSITY Auditors. . The EMPLOYEE agrees to protect, indemnify, and save harmless the UNIVERSITY and the BOARD 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 action for property loss, personal injury or death resulting from said television and/or radio show. ‘Employment Addendum for Head Women’s Basketball Coach Page 6 of 14 BOARD: EMPLOYEE: AV. e. The EMPLOYEE Shall be an independent contractor during said television and/or radio show activities; however, EMPLOYEE will undertake to observe all general rules and policies of the UNIVERSITY. This paragraph is designed and intended to assure that nothing is done which is inconsistent with the maintenance of an educational campus environment and the character of a State institution, which makes its facilities open to persons without discrimination f The EMPLOYEE shall advise the UNIVERSITY ’s Director of Intercollegiate Athletics of any problems or questions that may arise out of the television andlor radio show. VI REGULATIONS FOR OPERATING CAMPS AND CLINICS | A. EMPLOYEE may only operate a camp or clinic for the teaching of athletic pursuits on the UNIVERSITY property or utilize UNIVERSITY facilites, if such use promotes the mission of the UNIVERSITY Suitable compensation shall be paid to the UNIVERSITY for use of such facilities. The use of UNIVERSITY facilities will be determined by the availability of those facilities as established by the UNIVERSITY. EMPLOYEE must obtain prior permission of the UNIVERSITY before using any UNIVERSTY facilities or equipment for the purpose of operating ‘camp or clinic. B. __Itis specifically agreed that in the operation of such camps, EMPLOYEE acts for himself in his private capacity and not as an agent or EMPLOYEE of the UNIVERSITY and that this agreement constitutes merely a license to use the property and facilities subject to the conditions hereafter stated a. Special set-ups or changes in original set-up of facilities will be taken care of by EMPLOYEE with no cost to the UNIVERSITY. b. The EMPLOYEE agrees to pay the UNIVERSITY all related costs incurred by the UNIVERSITY in making the facilities available for the camps or clinics. c. The EMPLOYEE agrees to secure, ten (10) days prior to services, a Certificate of Coverage of proof of Comprehensive General Liability coverage and Commercial Auto Liability coverage from an insurance company with a Best rating of A- or higher and a financial size Class X or higher approved by the Mississippi Department of Insurance and by the UNIVERSITY'S Risk Management Office, under which the BOARD and the UNIVERSITY and its agents are named as the insured (or as an additional insured) at a minimum amount of Three Million Dollars ($3,000,000) per occurrence and Three Million Dollars ($3,000,000) annual aggreyate 4. Annual leave must be requested 10 cover the dates of the camp or clinic operation for all UNIVERSITY personnel involved. Compensatory leave, if earned, can also be used. Employment Addendum for Head Women's Basketball Coach Page 7 of 14 e, Complete records will be maintained regarding income and expenditures associated with said camp and available for verification by UNIVERSITY auditors. £, The EMPLOYEE agrees to protect, indemnify and save harmless the UNIVERSITY from and against any and all expenses, damages, claims, suits, actions, judgments and costs what-so-ever, including reasonable attomey’s fees, arising out of or in any way connected with any claim or action for property loss, personal injury or death during the operation of said camp or clinic activities. g. The EMPLOYEE is an independent contractor during said camp activities and, as such, is licensed to use certain facilities of the UNIVERSITY. The EMPLOYEE, acting as an independent contractor, will undertake to observe and require campers, participants, guests, and staff to conform to the general rules applicable to the use of UNIVERSITY facilities. This paragraph is designed and intended to assure that nothing is done which is inconsistent with the maintenance of an educational campus environment and the character of a state institution that makes its facilities open to persons without discrimination. h, The EMPLOYEE will advise the UNIVERSITY’s Director of Intercollegiate Athletics of any problems or questions, which may arise out of the operation of, summer camps or clinics. Vil, COMPLIANCE WITH NCAA, CONFERENCE AND UNIVERSITY RULES A. EMPLOYEE shall abide by the policies, rules and regulations of the NCAA, SWAC, UNIVERSITY and the BOARD. EMPLOYEE may be suspended for a period of time, without pay, or this Contract and the employment of EMPLOYEE may be terminated if EMPLOYEE is found to be involved in deliberate and serious violations of NCAA, SWAC, UNIVERSITY, and/or BOARD Rules, Regulations, or Policies. If found in violation of NCAA regulations, EMPLOYEE shall be subject to disciplinary or corrective action as set forth in the NCAA enforcement procedures (NCAA Constitution 11.2.1). As a term and condition of employment, EMPLOYEE commits contractually to full cooperation in the NCAA investigations and infractions process. Full cooperation means reporting NCAA violations in a timely manner, sharing all knowledge and documents requested by the NCAA in a timely manner: providing NCAA access to all electronic devices, social media and other technology: and maintaining confidentiality, EMPLOYEE agrees that the NCAA chair of the Division | Committee on Infractions or the Independent College Sports Adjudication Panel can impose immediate penalties when schools or individuals do not cooperate (including loss of revenue or postseason opportunities). These NCAA bodies can consider lack of cooperation as admission of a violation. B. __ EMPLOYEE shall abide by the State of Mississippi ethics statutes, UNIVERSITY Policy and Regulations, and the policies and bylaws of the BOARD. In public appearances EMPLOYEE. shall always attempt to create goodwill and a good image for the UNIVERSITY as determined by Employment Addendum for Head Women’s Basketball Coach Page 8 of 14 the President, VII, OUTSIDE OR SUPPLEMENTAL EMPLOYMENT. A. The EMPLOYEE agrees not to, personally or through any agent, corporation, or other entity, actively seek, negotiate for, or accept other full-time or part-time employment or independent contractor duties of any nature during the term of the Employment Contract without first having sought the written approval of the President. Approval shall not be unreasonably withheld, It is further agreed that the EMPLOYEE shall not receive outside or supplemental compensation without prior written consent of the President. In the event that the EMPLOYEE 1s, a5 of the effective date of the Employment Contract, receiving outside or supplemental employment compensation or is being compensated as an independent contractor, he shall disclose such information, including but not limited to, the amount and source of the outside or supplemental compensation and/or outside or supplemental employment and/or independent contractor earnings, The UNIVERSITY has the right to require, in accordance with the Employment Contract, the EMPLOYEE to forego such outside or supplemental compensation andlor outside oF supplemental employment or independent contractor projects. B, _ Subject to specific reporting requirements as established by the UNIVERSITY, no outside activities will be allowed without having on file with the President, a signed “Notice of Intent to Engage in Extemal Activities for Pay” prior to engaging in such activities. In accordance with NCAA requirements, the EMPLOYEE shall report annually to the President all athletically related income from sources outside the UNIVERSITY. UNIVERSITY shall have prompt access to all records of EMPLOYEE to verify this report. CC. The EMPLOYEE agrees not to accept employment, under any circumstances, as an Athletic Director, Assistant Athletic Director or Head Women’s Basketball Coach at any Institution of Higher Education which is a member of the NCAA or as an administrative officer or coach for any team participating in any professional league or conference in the United States or elsewhere, during the term of, prior to the expiration date or termination of the Employment Contract or any renewal thereof, without first obtaining a written approval and release of the Employment Contract from the President, IX, TERMINATION A. Termination for Cause: If the EMPLOYEE fails to fulfill his obligations under the Employment Contract properly and on time, or otherwise violates any provision of the Employment Contract, the President may terminate the Employment Contract by written notice to the EMPLOYEE. The notice shall specify the acts or omissions relied upon as cause for termination. Termination for Cause ends all employment and compensation obligations under the Employment Contract. During the term of the Employment Contract, the EMPLOYEE shall keep. information about his home address current with UNIVERSITY. Employment Addendum for Head Women's Basketball Coach Page 9 of 14 BOARD: : EMPLOYEE: ALK Incidents warranting “Tern grounds: a) A material violation of NCAA or Conference Legislation by EMPLOYEE or EMPLOYEE’ failure to report a known violation of NCAA or Conference Legislation; ination for Cause” shall include, but not be limited to the following b) Engaging in conduct that is unlawful or results in EMPLOYEE’s conviction of a crime; ©) Committing material or repeated violations of any provision of this Employment Contract or any policy of the BOARD or the UNIVERSITY. d) Failure by EMPLOYEE to report promptly to the President any violations known to EMPLOYEE of governing athletic rules or UNIVERSITY rules and regulations by assistants, coaches, student-athletes or other persons under the direct control or supervision of EMPLOYEE, ©) Fraud or dishonesty of EMPLOYEE in the performance of his duties or responsibilities under this Employment Contract: 1) Fraud or dishonesty of EMPLOYEE in the preparation, falsification, submission or alteration of documents or records of the UNIVERSITY, NCAA or the conference, documents or records required to be prepared or maintained by law, governing athletic rules, or UNIVERSITY rules and regulation; other documents or records pertaining to any recruit or student-athlete, including without limitation, expense reports, transcripts, eligibility forms or compliance reports: or permitting, encouraging, or condoning such fraudulent or dishonest acts by any other person, provided that EMPLOYEE had actual knowledge of such fraudulent or dishonest acts or reasonably should have known about such fraudulent or dishonest acts; g) Failure by EMPLOYEE to respond accurately and fully within a reasonable time to any reasonable request or inquity relating to the performance of his duties hereunder or the performance of his duties during his prior employment at any other institution of higher Tearing made by the UNIVERSITY, the NCAA, the Conference or other governing body having supervision over the athletic programs of the UNIVERSITY, or that is required by Jaw, governing athletic rules, or UNIVERSITY rules and regulations; h) Counseling or instructing any EMPLOYEE, administrator, student or other person to fail to respond accurately and fully within a reasonable time to any reasonable request or inquiry concerning a matter relevant to the UNIVERSITY’s athletic programs which shall be propounded by the UNIVERSITY, the NCAA, the Conference or other governing, Employment Addendum for Head Women’s Basketball Coach Page 10 of 14 BOARD: _ eMPLoYEE: AV K_ body having supervision over the athletic programs of the UNIVERSITY, or that is required by law, governing athletic rules, or UNIVERSITY rules and regulations; i) Soliciting, placing or accepting by EMPLOYEE of a wager on any intercollegiate or professional athletic contest, of permitting, condoning or encouraging by EMPLOYEE. of any illegal gambling, bookmaking or illegal betting involving any intercollegiate or professional athletic contest, or furnishing by EMPLOYEE of information or data relating in any manner to any UNIVERSITY sports to any individual known by EMPLOYEE to. be, or whom he should reasonably know to be a gambler, better or bookmaker, or an agent of any such person, or the consorting or associating by EMPLOYEE with such persons, i) Use or consumption by EMPLOYEE of alcoholic beverages, drugs, controlled substances, steroids or other chemical in such degree and for such appreciable period as to impair significantly or materially his ability to perform his duties hereunder, or failure by EMPLOYEE to fully cooperate in the enforcement and implementation of any drug testing, program established by the UNIVERSITY for student-athletes: k)_ EMPLOYEE’s sale, use or possession, or EMPLOYEE’s permitting, encouraging ‘or condoning by a student-athlete, assistant EMPLOYEE or other athletic staff member of the sale, use or possession of any drugs, controlled substances, steroids or other chemicals, the sale, use or possession of which by EMPLOYEE or such student-athlete is prohibited by law or by governing athletic rules: 1) Failure by EMPLOYEE to obtain prior approval for outside activities as required by this Employment Contract or by NCAA rules, of to report accurately all sources and amounts of all income and benefits as required by NCAA rules and this Employment Contract; and, Prior to a determination to terminate Coach for cause, the President shall present Coach with the reasons justifying termination and shall provide Coach not less than five (5) days within which to respond to those reasons, orally and/or in writing to the President, with such information as he believes relevant to the President's determination. In the event that the University terminates Coach's employment for cause, it will provide Coach written notice of his termination for cause that specifies the grounds for termination, such delivery by person or nationally recognized ‘overnight carrier to Coach's residence, as such is on file in the President's Office B. Termination Without Cause: The President may terminate the Employment Contract by written notice at any time without cause upon written notice to EMPLOYEE, In the event this Employment Contract is terminated by the President without cause, the UNIVERSITY will pay EMPLOYEE, on a monthly basis, all remaining Base Salary due under this Employment Contract as liquidated damages in lieu of any and all other legal remedies or equitable relief and neither the Employment Addendum for Head Women's Basketball Coach Page 11 of 14 BOARD: _ EMPLOYEE: APE. UNIVERSITY nor the BOARD shall have any other obligation to EMPLOYEE. The UNIVERSITY shall not be liable for any payment of contingent benefits past the effective date of termination ‘The UNIVERSITY, at its sole option, may elect to obtain a release from the obligation to pay the EMPLOYEE any money under this agreement by paying to EMPLOYEE a lump sum equal to 50% of the residual amount due via a total discounted at the prevailing rate for employer payroll tax deductions, The UNIVERSITY reserves the right to exercise its option of a lump sum payment at any time during the terms of this agreement should the EMPLOYEE’s appointment as Head ‘Women’s Basketball Coach be terminated during the terms of this agreement Should EMPLOYEE secure full-time employment of any type, any amounts payable by the University to Coach under this Section [IX.B] shall be reduced by the Compensation eamed by Coach from Other Employment beginning at the time of new employment. Coach will provide the UNIVERSITY with valid and reliable documentation of his monthly gross earnings, That amount will then begin to be subtracted from the gross equal monthly installments being paid over the remaining term. Should EMPLOYEE'S employment as Head Women’s Basketball Coach at the UNIVERSITY be terminated, he shall make reasonable efforts to obtain suitable full-time gainful employment in the Division I coaching profession, In the event the should terminate this Employment Contract without cause, all fringe benefits provided by the UNIVERSITY will terminate on the date of termination of this Employment Contract and neither the UNIVERSITY nor the BOARD will be liable to EMPLOYEE for any collateral business opportunities, personal service contracts, or other benefits associated with EMPLOYEE’ position as the Head Women’s Basketball Coach. C. Termination by EMPLOYEE: The EMPLOYEE may terminate the Employment Contract for any reason, without penalty, by submitting thirty (30) days written notice. In the event the EMPLOYEE should terminate this Employment Contract, all benefits provided by the UNIVERSITY will terminate on the date of termination of this Employment Contract and neither the UNIVERSITY nor the BOARD will be liable to EMPLOYEE for any collateral business opportunities, personal service contracts, or other benefits associated with EMPLOYEE’ position as the Head Women’s Basketball Coach. D. Automatic Termination upon Death’ The Employment Contract shall terminate immediately and automatically without notice in the event the EMPLOYEE dies. If the Employment Contract is terminated because of death, EMPLOYEE’ compensation and all other benefits shall terminate as of the EMPLOYEE 's last day worked or as otherwise provided under applicable state law or regulation, except that EMPLOYEE'S personal representative(s) or other designated beneficiary shall be paid all such death benefits and/or retirement, if any, as may be contained in any benefit plan now in force or hereafter adopted by the UNIVERSITY and due EMPLOYEE. Employment Addendum for Head Women’s Basketball Coach Page 12 of 14 BOARD: EMPLOYEE: X. UNIVERSITY RECORDS All materials or articles of information including, without limitation, personnel records, recruitin; records, team information, films, statistics, or any other material or data furnished to EMPLOYEE by UNIVERSITY, or developed by EMPLOYEE on behalf of UNIVERSITY or at UNIVERSITY’s direction, or for UNIVERSITY’s use or otherwise in connection with EMPLOYEE’s employment hereunder are and shall remain the sole property of UNIVERSITY If UNIVERSITY requests the return of such materials at any time during, or at, or after, the termination of EMPLOYEE’s employment, EMPLOYEE shall immediately deliver same to UNIVERSITY, Xl. GOVERNING LAW The Employment Contract is governed by the laws of the State of Mississippi. The EMPLOYEE acknowledges that the Employment Contract is a public record, subject to disclosure under Mississippi's Public Records Law. XI. SEVERABILITY Ifany provision of the Employment Contract shall be determined to be void, invalid, unenforceable or illegal for any reason by a court of competent jurisdiction, it shall be ineffective only to the extent of such prohibition, and the validity and enforceability of all the remaining provisions shall not be affected thereby, and shall continue in full force and effect. XII AMENDMENTS OR MODIFICATIONS The Employment Contract may be modified, changed or amended at any time by the mutual consent and agreement of the parties in writing, which has been properly executed, by both parties. XIV. EQUAL PARTICIPANTS, Each party hereto shall be viewed as an equal participant, and each party agrees that there shall be no presumption against the drafting party. XV. WAIVER Waiver by either party of a breach of any provision of the Employment Contract shall not operate as or be construed to be a waiver of any subsequent breach hereof, XVI ENTIRE AGREEMENT The Employment Contract, reduced to writing, represents the entire agreement of the parties. Employment Addendum for Head Women's Basketball Goach Page 13 of 14 BOARD: EMPLOYEE: Ale XVI. NOTICE, Any notice provided for herein shall be in writing and shall be deemed to have been given, delivered, or served when delivered personally to the party who is to receive such notice or when mailed by U.S. registered, certified, or first-class mail to such party. Unless hereinafter changed by written notice to EMPLOYEE, any notice to the BOARD shall be sent to: Office of the President Alcom State University 1000 Alcor Drive #359 Alcom State, MS 39096 Unless hereinafter changed by written notice to UNIVERSITY, any notice to the EMPLOYEE shall be sent to the EMPLOYEE’s home address on file with the UNIVERSITY ’s human resources office, IN WITNESS WHEREOF, the parties have set their hands below on the day and year referenced FOR THE BOARD OF TRUSTEES OF STATE. INSTITUTIONS OF HIGHER LEARNING: By Date THE EMPLOYEE: . ee Dae oS -a5- 2d Employment Addendum for Head Women's Basketball Coach Page 14-0f 14 BOARD: EMPLOYEE: AleX

You might also like