You are on page 1of 13
HEAD MEN’S BASKETBALL COACHING AGREEMENT ‘This Head Men's Basketball Coaching Agreement (“Agreement”) is entered into effective April 6, 2021 (the “Effective Date”), by and between East Tennessee State University (“University”) and Desmond Oliver (“Coach”) WHEREAS, University has offered to hire Coach to be its Head Men’s Basketball Coach for the University; and WHEREAS, Coach has accepted University’s offer of employment as Head Men’s Basketball Coach; and WHEREAS, Coach and University are entering into this Agreement to establish the terms and conditions of this employment relationship. NOW, THEREFORE, in consideration of the mutual promises between the patties, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: 1 TERM 1.01 The term of this agreement is five years, beginning on April 6, 2021, and concluding on April 30, 2026, except as otherwise provided. For every year that the men’s basketball team wins 25 games against Division I opponents in a season during the term of this agreement, University will automatically extend the tetm for one additional year. 0 DUTIES 2.01 Coach agrees to setve as Head Men’s Basketball Coach and be responsible for the Men's Basketball program of University, under the ditection of the Director of Intercollegiate Athletics, with duties normally associated with a position of the type, including, but not limited to: 1. Coaching the Men’s Basketball team; 2, Recruiting student-athletes; 3. Selecting and recommending to the Director of Intercollegiate Athletics appropriate staff and other assistants; 3.01 4. Performing preliminary negotiations in scheduling future opponents and recommending to the Director of Intercollegiate Athletics scheduling of future ‘opponents; 5. Performing public relations functions as required; 6. Setting academic expectations for student-athletes and supporting and instructing staff to support the University’s academic staff, 7. Assisting the Ditector of Intercollegiate Athletics with fundraising activities for the Men’s basketball program and/or the overall athletics department; 8. Becoming knowledgeable of and complying with University, Southern Conference or any conference of which the University is a member, and NCAA policies, rules, legislation, and regulations; 9. Managing the Men’s Basketball budget in consultation with the Director of Intercollegiate Athletics; and 10. Becoming knowledgeable of and abiding by the Code of Conduct for athletie’s department staff 11, Performing other duties as assigned by the Director of Intercollegiate Athletics. ‘The list of specific duties and responsibilities is not exclusive of the other general duties and responsibilities provided for clsewhete in the Agreement, as well as those which may subsequently be assigned provided that such duties and responsibilities are consistent with the position of Head Men’s Basketball coach. oI PROMOTION OF PRODUCTS Coach shall not, by any statements of appearances on television, on radio, in newspapers, ot in magazines or other published media or any promotional material, personally or offically endorse, promote, or advertise for commercial purposes any product, merchandise, or service unless prior written approval has been granted by the Director of Intercollegiate Athletics and the President of the University in accordance with any article below and NCAA Bylaws 11.2.2. and 11.3.2. The requitement of prior written approval also applies to any use, directly or by implication, of University’s name of logo in the endorsement of commetcial products or services for personal gain (NCAA Bylaw 3.01 401 4.02 mm COMPENSATION ‘The University agrees to pay the Coach an annual salary of THREE HUNDRED ‘TWENTY- FIVE THOUSAND DOLLARS ($325,000.00) (“Base Pay”) in equal monthly installments. It is agreed that for all purposes Coach is a full-time employee of University, and as such is cligible for the same salary increases and benefits as other full-time University employees in the discretion of the University. In addition, Coach may receive additional annual raises oF ‘merit increases, at the sole discretion of the Director of Intercollegiate Athletics, as approved by the President of the University and pursuant to and not in contravention with University policies. Vv OUTSIDE INCOME While it is understood by the parties that the Coach shall have the opportunity to earn outside income which ditectly relates to Coach’s position, Coach shall not accept, ptior to receiving ‘written approval by the President of the University, compensation or gratuities (excluding University administered funds) from an athletics shoe, apparel or equipment manufacturer in exchange for the use of such merchandise during practice or competition by the University’s student-athletes as defined and prescribed by NCAA Bylaws 11.2.2 and Itis also understood that Coach’s obligations to the University ate paramount; that any agreement ‘entered by the Coach shall indemnify and hold University harmless ftom any liability resulting therefrom; and that Coach shall not violate NCAA, University, and/or athletic Conference rules in any matter related to this paragraph. Coach may serve on corporate boards of directors or enter into personal service contracts for motivational talks and films for employees, provided such promotions and services do not interfere with Coach’s duties at the University, are not in violation of NCAA regulations and provided that such setvices are not used for commercial purposes unless authorized by the University, and University facilities and resources are not used. University further agrees that ‘Coach may write for publication and speak before public gatherings, provided said writings and speeches are made in the same professional way and manner expected of any member of the Department of Intercollegiate Athletics. University agrees that any compensation received for such speeches and writings by Coach in the form of honoraria, royalties, and the like may 3 403 4.04 4.05 4.06 be retained by the C ch in addition to compensation set forth hereinafter. To the extent that any outside activity authorized pursuant to Article IV results in athleticaly-related income or benefit to Coach, it shall be subject to the prior written approval of the Director of Intercollegiate Athletics and the President of the University in accordance with any article of the Agreement, ETSU policies, and NCAA Bylaw 11.2.2. Coach shall report annually, in writing, to the President of the University through the Director of Intercollegiate Athletics, on or before December 1 of each year, or otherwise as reasonably directed by the Director of Intercollegiate Athletic, all athletics related income from sources outside the University which may arise from any and all sources, Coach further agrees to retain records of any and all such income for a period of three (3) years subsequent to the cexpitation or termination of the Agreement and shall geant University reasonable access to all said records. Coach shall be required to receive annually the ptior written approval of the President of the University for all athletically-related income and benefits from sources outside East Tennessee State University. Sources of such income and benefits shall include, but are not limited to, income from annuities; sports camps; housing benefits (including preferential housing arrangements); country club memberships; complimentary ticket sales; television and radio programs; and endorsement or consultation contracts with athletics shoe, apparel, ot equipment manufacturers, pursuant to and not in contravention with NCAA Bylaw 11.2.2. Coach shall have the opportunity to use University facilities in connection with a summet youth basketball camp run by the Coach and using the Coach’s name for up to four (4) weeks ‘each summer provided the University is reimbursed by the Coach forall reasonable actual and overhead expenses incurred in making the facilities available, with the understanding that the up to a four (4) week period shall be designated by the Director of Intercollegiate Athletics, Any profits from said basketball camp shall be retained by Coach. Costs for utilization of University facilities shall be one hundred dollats ($100.00) pet week. Coach shall be provided a courtesy car of cat allowance of FIVE HUNDRED DOLLARS ($500.00) pet month which will be included in regular compensation. ‘Lhe car allowance is not part of the Base Pay. Should the University obtain a courtesy vehicle for the Coach, the car allowance will be discontinued. In the event the actions of the Coach result in the removal of the courtesy car, the University is not required to provide a car allowance. 4 407 4.08 5.01 5.02 5.03 Coach may receive an annual stipend for additional eesponsibilities as set forth below: 1. Working with the Ditector of Intercollegiate Athletics or his designee to establish community relations activities, which also include media interactions, on a yeatly, monthly, and weekly basis; and 2. Developing with the Dizector of Intercollegiate Athletics on a quarterly basis scheduled community engagement activities including, but not limited to, student groups and otganizations, community service organizations, and donor cultivation events as needed. If the Coach completes all responsibilities under this section, the Coach will receive an annual stipend of FIFTY THOUSAND DOLLARS ($50,000.00). ‘The stipend will be payable ‘monthly and divided into twelve monthly payments beginning April 2021. ‘This stipend is not subject to state salary increases and is not Base Pay. Coach will receive an apparel allotment. Coach will be responsible for tax implications of this allowance. On an annual basis, the athletics department will provide a one-time payment to offset the tax implication. This amount is not subject to state salary increases and is not Base Pay. v EXPENSES AND MISCELLANEOUS BENEFITS AND COMPENSATION University will reimburse the Coach for all approved reasonable travel and out-of-pocket expenses incurred by the Coach for the purposes of and in connection with the performance of the Coach’s duties under the Agreement and subject to EYTSU’s Finance Policies and any subsequent amendments thereto. Such reimbursement is subject to the limitations of the operating budget for the Men’s basketball program. University will provide the Coach with twelve (12) tickets to each of the University’s intercollegiate home Men's basketball games, eight (8) to the Conference Basketball ‘Tournament, and four (4) tickets to each home game of each of the University’s other varsity intercollegiate athletics teams. Coach will be allowed to take up to twenty-four (24) annual personal leave/vacation days per contract year as scheduled with and approved by the Director of Intercollegiate Athletics. 5.04 5.05 Accrued annual personal leave is not Base Pay and is subject to the University policies on accruing annual leave. University may pay the following bonuses to Coach, subject to the Men's Basketball Team obtaining a regular season winning percentage of 50% or higher against Division I programs: * One-time bonus for 20 wins vs Division 1 opponents $5,000 «For each win above 20 vs. Division I opponents $1,000 © Finish year with a NET of 51 to 100 $3,000 © Finish year with a NET of 21 to 50 $5,000 © Binish year with a NET in the top 20 $10,000 ‘© For each win over a ‘Power 5’, Big East & AAC member $15,000 ‘For each non-conference win over a team with a NET of $1 to 100 $1,500 For each non-confetence win over top 50 NET team $3,000 ‘* For being named SoCon COY $5,000 ‘For being named National COY $10,000 © ForNIT Appearance $5,000 * For each NIT win $2,500 ‘© Regular season conference championship $10,000 ‘© Regular season shared conference championship $5,000 NCAA Tournament Appearance $25,000 © For every win in NCAA Tournament $25,000 ‘NCAA National Championship $100,000 © NIT Championship $25,000 These bonuses are not part of Base Pay. University shall pay the bonus at the end of the fiscal year in which Coach ears the bonus. If the Men's Basketball team has reached a regular season winning percentage of 50% or higher Coach shall be eligible for a bonus from the against Division I programs in any contract year, University for the academic progress rate performance as follows: © Foran APR score of 980 to 999, the bonus shall be $2,500. # Foran APR score of 1000, the bonus shall be $5,000. 6 5.07 5.08 6.01 6.02 6.03 ‘This bonus is not Base Pay. University shall pay the bonus at the end of the fscal year in which Coach earns the bonus. IE the Men’s basketball budget permits and subject to the approval of the Director of Intercollegiate Athletics, Coach may use FIVE THOUSAND DOLLARS ($5,000.00) annually for professional development of the Coach and the Coach’s staff. Tf Coach would like a country club membership, the Director of Intercollegiate Athletics will provide Coach with a membership to cither Blackthorn or the Johnson City Country Club at his discretion. A country club membership is not Base Pay. Tf Coach applies to have his children admitted to University School and University School has space available, the Ditector of Intercollegiate Athletics will assist Coach in the adinission’s process and with the placement of his children in the discretion of the University President. vt REGULATIONS ‘As a member of the NCAA, University is required to apply and enforce NCAA regulations ‘with respect to all institutional staff members through appropriate disciplinary or corrective action. Coach is obligated to be familiar with and to abide by NCAA legislation. Coach is obligated to self-report to the Director of Intercollegiate Athletics and the Athletics Department compliance staff any violation of NCAA rules, regulations, or legislation of which Coach is aware, University will report any violations to the NCAA. If the NCAA Infractions ‘Committee of, if appealed, the NCAA Council finds that Coach violated NCAA regulations, Coach shall be subject to disciplinary or corrective action by the University as set forth in the official Procedures Governing the NCAA Enforcement Program, by the terms of this Agreement, and in accordance with university policy. Coach is responsible for the actions of assistant coaches, graduate assistants, and other members of the Coach’s staff related to compliance with NCAA legislation, Any single violation by either Head Coach or a member of the Coach's staff, designated by the NCAA or the Athletic Conference as “secondary” violation (or its equivalent), shall not, 6.04 701 by itself, be grounds for termination of the employment conteact; however, multiple secondary violations is grounds for termination for cause. Coach may be suspended for a period of time without pay, fined, or have Coach’s employment terminated for cause, if University finds that Coach and/or the Men's Basketball program violated NCAA legislation or the Code of Conduct of if Coach failed to report a known violation of NCAA legislation. vi TERMINATION ‘Termination for Cause ‘The patties recognize and agree that Coach promises to remain as the Head Men’s Basketball Coach through the entire term of the Agreement. However, Coach ‘may be terminated for cause by the University as specifically defined by University and State policies pertaining thereto. Additionally, the Agreement will automatically terminate upon death or total disability of Coach, subject to University and State policies pertaining thereto. ‘The following wattant termination for cause, including, but not limited to: A setious violation of NCAA legislation. 1b. Repeated secondary violations of NCAA legislation (or their equivalent) ‘c. Setious or repeated violations of the Athletics Department Code of Conduct of University Policies. 4. Insubordination of failure to respond to ditections from the President and/or the Ditector of Intercollegiate Athletics. Behavior on the coach’s part that brings the Coach, the team, the Athletics Department or University into disrepute, £ Abusive treatment of student-athletes or staff, including but not limited to personal boundary violations or physical or emotional abuse. & Breach under Section 7.04 hh. Arrest of conviction of any felony or misdemeanor. i, Failure to disclose prior to employment involvement in any current ot resolved, investigations into NCAA violations, assault accusations, arrest or conviction of any felony or misdemeanor, unappropriated behavior with student-athletes ot other infractions that would bring the University into disrepute. 7.02 7.03 7.04 Rights in case of termination. If University terminates Coach’s employment, Coach shall be afforded any and all rights associated with employment by the University, as an employee of the State of Tennessee, Upon termination for cause, the University shall have no further or additional obligations to make payments and/or to provide any other consideration under this Agreement after the date of termination. The University shall not be liable to Coach for loss of any other income, including but not limited “outside income,” uneamed bonuses, or stipends associated with the Agreement. ‘Termination without Cause ‘The parties recognize and agree that the University retains the right to terminate Coach without cause as a result of University’s dissatisfaction with Coach’s petfotmance or for any reason which does not constitute termination for cause. If termination ‘occurs without cause, the benefits owed to the Coach shall cease on the date of termination and the University will pay an amount to the Coach pursuant to the schedule below (“Termination Payment”) ~ Termination before April 1, 2022: $400,000.00 - Tetmination between April 1, 2022, and March 31, 2023: $400,000.00 - Termination between April 1, 2023, and March 31, 2024: $350,000.00 ~ Termination between April 1, 2024, and March 31, 2025: $300,000.00 ~ Termination between April 1, 2025, and March 31, 2026: $250,000.00 ‘The Termination Payment shall be reduced by the amount owed for any and all previously accrued petsonal leave. The Termination Payment shall paid in equal monthly installments until the end of the term of the Agreement. If University terminates Coach after April 1, 2025, the following mitigation language applies: If Coach should secure employment in higher education, within an athletics department (prep or collegiate), or in the coaching field (at the prep, collegiate, or professional level) at any time after termination, the University’s obligation under this Agreement shall cease and no further payments or benefits shall be owed to Coach. If Coach should secure employment in a field outside of the employment fields mentioned in this section, the University’s obligation under this section for the Termination Payment shall be reduced by the amount of the salary eamed by Coach in the new position. ‘Breach by Coach. Coach shall not engage in negotiations with any other prospective employer during the term of this Agreement without providing prior notice to and receiving written permission from 8.01 8.02 8.03 the Univessiy’s Director of Intercollegiate Athletics. Coach's falure to give notice willbe a material breach of this contract, and University will not be obligated to pay any bonuses or termination payments, ifit elects to terminate Coach for breach of this provision IE Coach resigns of leaves the employment of the University before the end of the term of this Agreement for any eason, the University shall not be obligated to Coach for any payment that would otherwise be payable under this Agreement, except as otherwise provided in this Agreement. Coach farther agrees that if Coach resigns of otherwise terminates employment with the University before the end of the term of this Agreement without the prior waitten approval and release of the Director of Intercollegiate Athletics, that Coach shall pay or cause to be paid by subsequent employer the University as liquidated damages the amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) without offset or deduction. Coach agrees that payment of liquidated damages under this section constitutes a fair and honest reimbursement to the University for expenses, damages, losses, ‘and investment associated with Conch’s decision to resign before completing the term of this Agreement and shall obviate legal remedies otherwise between the parties. Coach's payment shall be ‘made within thirty (30) days after the termination or resignation date (unless another payment schedule is mutually agreed upon in writing). Should Coach fail or refuse to make such payments to the University, the University may seck appropriate sli as allowed by law, including costs and attomey’s fees. In addition, in the event Coach takes another coaching opportunity, Coach shall make his best ‘efforts to cause such institution to execute a home and home agreement for contests between that institution and ETSU. vor MISCELLANEOUS PROVISIONS Paragraph titles Titles of paragraphs ate not to be considered in interpreting and/or construing the Agreement and are used for the purposes of reference and convenience. Conflicts of Law of Policy. Nothing in the Agreement shall be construed to conflict with State or Federal law, NCAA Regulations, ot policies of East Tennessee State University. Conflict of Interest Coach shall comply with any and all State of Tennessee and University requirements regarding “conflicts of interest” and shall atal times avoid any actual or appatent conflict of interest. 10 8.04 8.05 8.06 8.07 8.08 9.09 9.10 oat 9.12 943 University’s Educational Purpose. The parties agree that although the Agreement is spott- related, the primaty purpose of the University is educational. ‘Thus, the educational purposes of the University shall have priority in the various provisions of the Agreement and Coach’s actions shall be directed by same. Prior Agreements, Prior agreement(), if any, verbal or written are hereby terminated. ‘Tenute Not Granted Nothing in the Agreement shall be construed to mean that tenuse is ot will be granted for any duties performed by Coach. Compensation Conditional As an agency of the State of Tennessee, University cannot legally obligate fonds in furtherance of the Agreement beyond the end of the current fiscal year in which the Agreement is executed. ‘The parties continued performance for the patties is contingent on necessary appropriations by the Tennessee General Assembly in each successive year of this Agreement. Assignment of Agreement. Conch’s rights and interests under the Agreement shall not be assigned, pledged or encumbered by Coach. Choice of Law It is the intent of the patties to the Agreement that the laws of the State of ‘Tennessee shall govern the validity, performance and enforcement of the Agreement. ‘Merger Clause. The Agreement constitutes the full and complete understanding and agreement of the parties and supersedes all prior understandings and agreements, oral or written, regarding Coach’s employment by the University. Severability If any provision or provisions of this Agreement is invalid or unenforceable, either in whole or in part, the Agreement shall be deemed amended to delete or modify, as necessary, the offending provision ot provisions of to alter the bounds thereof in order to tender it valid and enforceable. ‘No Waiver of Default No waiver by the parties hereto of any default or breach of any covenant, term ot condition of the Agreement shall be deemed to be a waiver of any other default or breach of the same ot any other covenant, term or condition contained herein, Governmental Immunity Not Waived Nothing contained in or implied by the Agreement shall be construed to constitute a waiver of any privilege by the University as an agency of the State of Tennessee, including but not limited to immunity. cry 914 9.15 9.16 917 9.18 University Retains All Materials and Records. All materials or articles of information, records, e-mails, correspondence, and written or recorded information in any form, team information, films, or any other material or data which comes into the actual or constructive possession of the Coach shall be and hereby is deemed to be the sole property of the University and upon termination of the Agreement said property will be immediately delivered to the Director of Intercollegiate Athletics and under no circumstances removed from the grounds of the University. Notices. All notices which may be or are required by the Agreement or by subsequent circumstances shall be delivered to the parties by cortified mail, xcturn receipt requested and to University at Ditector of Intercollegiate Athletics, P.O. Box 70707, East Tennessce State University, Johnson City, Tennessee 37614-0707, and to Coach at the Coach’s home address 4s it appears in the Coack’s official personnel record maintained by the Human Resource Department at the University ‘Tax Liability. Except as provided by this Agreement or athletics department policy, Coach will be responsible for income tax or other tax implications related to the non-financial benefits provided by this Agreement, including without limitation any taxes associated with stipends, the car allowance or courtesy vehicle, country club membership, use of facilities, and receipt of athletics apparel ‘Multiple Originals, This contract may be executed in multiple counterparts, all of which together shall constitute one agreement. Each signed copy shall be deemed to be an original but all counterparts together shall constitute one and the same agreement: Electronic or Photocopied Signatures, The parties agree that to the extent they sign electronically ot provide a photocopied copy of this Agreement, their electronic ot photocopied signature is the legally binding equivalent to their handwritten signature. [signatures appear on the following page] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date of last signatory to execute the Agreement, below. EAST TENNESSEE STATE UNIVERSITY Be ba Dr. Brian Noland, Ph.D. President ECS, -s-2l

You might also like