Wilson27
Well-Known Member
- Joined
- Jan 31, 2011
- Messages
- 4,378
- Likes
- 763
Couldn't agree more. I think Strong is only mentioned due to the minority rule at this point if Gruden is in fact "the guy".:rock:
The one thing that does concern me is the idea of "privity of contract." That is, I don't know of the mechanism by which the boosters would have the ability to enter into a contract on behalf of the University. A little detail like that concerns me because it would be like me, as an Alumnus, trying to create a binding agreement between the University and someone as I am not an official party of the school and therefore have no ability to bind it to a contract.
That is where this MOU conversation gets a little far fetched for me, unless it was done officially through the University.
I think it is far more likely that a verbal agreement was reached knowing that the University would back it when the time came to pull the proverbial trigger.
Feralhog@hogville: "don' shoot the messanger . . I'm hearing that the Gruden rumors are about to be put to bed."
don' shoot the messanger . .
for whats it worth here's a comment posted about the article on Mr SEC that is linked in the cliff notes thread
Arkansas is in an awkward position thanks to Bobby Petrino but is in overall good shape throughout their athletic department and has an AD that has shown that he's loyal to a fault with his people and not meddlesome.
Tennessee on the other hand has a long history of backstabbing their head coaches (Majors, Fulmer, Summitt), meddling in their head coaches staffs (how long has the current football staff been there?) and has been a general dumpster fire for several years (that WHOOOSH you heard was Lane Kiffen).
Jon Gruden may in fact wind up at Tennessee but why on earth would a man that can write his own ticket want to go to work under those conditions? In-laws? oreally. Wife is from there? Have you ever seen Tampa, you can't be serious if you think that she's pining to move back. Because he spent some time there 20 years ago?
If Jon really want's to coach in college Tennessee seems to be quite a stretch
An agent can bind the principal. Here the University knew the boosters were negotiating and did nothing to revoke any apprent or actual authority the boosters had to negotiate on the University's behalf.
I don't know all of the facts, but there would be a pretty good case that the University would be on the hook.
NCAA does not have a minority interview rule. The NFL does, the "Rooney Rule." However, most Division 1 institutions recognize the problem and have adopted voluntary guidelines that they follow to ensure inclusion.
The NFL is for profit and can legally draft and enforce this type of rule. The NCAA is a non-profit, voluntary organization and cannot.
Source: NCAA Public Home Page - NCAA.org
Well, taking into account all of the rumors coming out of the governors office....
Bill Haslam is the legal and defacto head of the BOT and I would assume has the authority to sign contracts for the state universities.
Just a thought.
You might be right.
I just don't see that sort of implied authority surviving litigation, should the University not honor this supposed MOU (it would never reach that point). Typically with big organizations, be it businesses or government entities, authority is expressly delegated or otherwise their is no authority. Remember UT is basically a branch of the government. If boosters could operate with implied authority, why couldn't some local entity usurp the local government with the same sort of authority (being that the entity knew, but did not stop their actions)?
Don't get me wrong, I have bought into this whole idea but the one part of the story that has me calling BS is the idea that the boosters negotiated and signed an MOU with Gruden or his agent. I mean it is possible, but there is no way it would be binding after a breach. I guess that is a moot and academic point, but it happens to be the type of stuff I waste my time thinking about.