PAmedic wrote:UNCA: I did watch the presser. The constitution guarantees civil liberties along the lines of freedom of speech, freedom of the press and freedom from official oppression (read: GOVERNMENTAL oppression)
you don't have a constitutional guarantee to your job. Not coaching football, not running Enron, and not flipping burgers.
you may be awarded unemployment compensation thru arbitration if its found you were fired without cause, but - more often than not- unless your employer blatently fired you because you are a minority, female, elderly, or gay- they have the right to do so. Contracts are another issue, but if an investigation was done, and revealed some cause, that's going to be an uphill battle.
My take: this is all about the benjamins.
Well here's the catch. Generally the courts shy away from anything NCAA related. If there was a private school he doesn't have a leg to stand on. But USF is a state school, and therefore (legally) the school's administration must act (in many ways) like a government.
Now we can get into an argument about civil liberties and what the constitution actually says vs. who it is interpreted etc. But....blah. The truth is (whether you like it or not) there is a lot of precedent for this type of action from State school employees. Now to my knowledge I can't recall a high profile (or any) football coach threatening a lawsuit like this, but, because it is a state school there are a lot of things that wouldn't be in play with a private school.
As for the constitutional element its impossible to say whether he has an argument without knowing what they are going to argue. There are a lot of ways you *could* make the argument -- i mean, literally dozens of ways. Your employer does have the *right* to fire you without cause... but that's not what happened here. 1) They claim they have cause 2) they are alleging harassment and assault 3) I'm already tired of talking about the logistics
This whole thing is a mess an unless USF cuts a huge check he's not going anywhere soon (assuming your right and its about the money). If he really does want to coach this could be going on for several months. And my feeling is he does. Otherwise, why not ask for a check and agree to resign when the initial allegations came out?