Texas Tech Rejects Mike Leach's Settlement Request With Dumbest Letter Ever
This is incredible stupid. I don't really care that Texas Tech rejected Mike Leach's settlement offer, which is to be expected. Texas Tech is going to swing for the fences until the very end, holding tight while hiding behind a claim of sovereign immunity. Whatever, that's their own deal.
But the letter they sent Leach in response to his settlement request is both a public relations disaster and utterly moronic. We need to talk about this for a moment.
Here's the full letter, obtained by My Fox in Lubbock. A few snippets, beginning with a HURR DURR statement.
As Mr. Leach well knows, his employment with the university was terminated for cause because of repeated mistreatment of a student-athlete suffering from a brain concussion.
If this is the leg Texas Tech is standing on, it's wobbly, probably has a few fractures, and may have a couple bullet holes as well. The student-athlete is Adam James. His treatment is well-documented. His actions are also well-documented. We don't need to go into further detail.
This behavior, together with his subsequent insubordinate refusal to assist the university in resolving the situation he created, violated the standards of conduct set forth in his employment contract, and with a material breach of his most important contractual obligation -- to assure the fair and responsible treatment of student-athletes in relation to their health, welfare and discipline.
So Leach refused to admit wrongdoing and therefore refused to placate James, and his father, and was fired as a result. Yet, if there was no mistreatment of an athlete with a concussion -- does having the player sit inside violate some standard? -- then there's no breach of contract at all. If Leach said he mistreated James, he would be fired. If he didn't ... well, they fired him anyway. Seems logical.
Which brings us to...
And, to the extent Mr. Leach's proposal turns on notions of equity and fairness, it is also on dubious ground. After materially breaching his contract by repeatedly abusing a student-athlete with a concussion, Mr. Leach refused to even acknowledge his wrongdoing, much less work with the University to ensure a similar event never happened again and to address the concerns of the student-athlete's family.
You know what: go get bent, Texas Tech. The concerns of the student-athlete's family? You mean the family that: complained about James' playing time so much that it caused repeated distractions; (allegedly) hired a public relations firm to feed information to ESPN in an effort to get Leach terminated; (allegedly) orchestrated the release of a manufactured video in an effort to kick-start this who process? Concerns, right? What were the concerns about here? Well being or something more, to use your own words, dubious?
And, again, why in the world would he acknowledge wrongdoing, considering all the circumstances at play here. Why would he then admit wrongdoing, thus handing Texas Tech a gun and begging it to shoot him, by working with the university to put some kind of plan in place for the future?
I wanted this whole thing to go away and hoped for a quiet settlement so it could all be put in the rear-view mirror. I've changed my mind. Sue them all. Don't settle. Sue the pants off Craig James and fight like hell against Texas Tech.
They're all morons and they all deserve each other.
You can read a lot about the case and view a bunch of fun emails and transcripts in Mike Leach's book, Swing Your Sword. I wrote about the book right here.
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Did you know CRAIG JAMES allegedly KILLED FIVE HOOKERS AT SMU?
Sorry, but I couldn’t resist.
Back to your post, something is wrong when someone or something can be proven completely wrong and yet the justice system can’t just get something settled. O the litigation!
allegedly
Writer: CougCenter Twitterer: @Grady509
by Grady Clapp on Jan 25, 2012 10:21 PM PST up reply actions
Did this before, but have to do it again....


#CougHarmonyOnTwitter #teamnopants
by TiltingRight on Jan 25, 2012 10:34 PM PST up reply actions 5 recs
Gets a giggle out of me every time.
#CougHarmonyOnTwitter #teamnopants
by TiltingRight on Jan 25, 2012 11:29 PM PST up reply actions
.....

I am singing the quiet song...THE QUIET SONG... THE QUIET SONG!!!
by Solidcoug on Jan 26, 2012 10:13 AM PST up reply actions 4 recs
9 support Craig
Must be his family members, ESPN, Texas Tech Admin, and their attorneys.
If My Life Is Great, Why Am I Not Happy?
by well you win some and lose others on Jan 26, 2012 10:38 AM PST up reply actions
Have any of you guys noticed what the first letter of the each line spells?
It explains everything
by FromAutzenWithLove on Jan 26, 2012 1:57 PM PST up reply actions
I feel really stupid for not seeing that before.
I thought the joke was only having 9 supporters.
by Kyle Rancourt on Jan 26, 2012 2:36 PM PST up reply actions 1 recs
Arbitrary line breaks make it look like a poem, but it doesn't rhyme, so that was the first giveaway
Starting the 2nd line with “or” also catches the eye
by johnnycougar on Jan 26, 2012 2:55 PM PST up reply actions
Me too Kyle
Attractive, Intelligent, Smart A**
by Neil Vincent Roberts on Jan 26, 2012 2:56 PM PST up reply actions
Will someone please...
…explain or link to the hooker thing?
by Pman on Jan 26, 2012 5:07 PM PST via mobile up reply actions
EDSBS started it, and it made it's way into the google autocomplete.
During the summer of 2011, a joke in response to Craig James’ role in the firing of Bruce Feldman was posted on EveryDayShouldBeSaturday.com. The joke was indexed often enough by a major search engine that typing ‘Craig James’ into the search box at the search engine resulted in the autocomplete function including ‘killed 5 hookers.’45 Later this humorous search index behavior was characterized as a "google bomb" in regards to Craig James’ campaign for elected office.
CougCenter In Reid We Trust, Twitter!
by Craig Powers on Jan 26, 2012 5:31 PM PST up reply actions
I didn't realize it was that recent.
I thought they started it with regard to Leach’s firing over allegedly locking Adam James in said closet, retaliating with Craig “allegedly” killing 5 hookers while at SMU.
so the legend spreads....
and adds to the mystique and grandiosity that is, Craig James
by Jameson Vernon on Jan 29, 2012 7:50 AM PST up reply actions
Morons is putting it lightly!
And these knuckleheads run my alma mater. I’ll be glad when Hance and his sleazy buddies are GONE from Texas Tech. In the meantime, Wazzu benefits from having Leach on board. Give ’em hell, Pirate faithful!
Oh no a football coach swearing at a player for poor effort!
Stop the presses! I watched that video of Leach swearing out his team after a victory at Missouri or somesuch, and I loved it. Other than the X’s and O’s, winning coaches have to be special motivators. Leach seems like that guy, even if the language is a little blue.
So, this letter is addressed to Leach's former attorney just before he resigned from the case
I ake that to me that Leach had one attorney in mind to try to work a settlement and now is bringing in the power hitters to go to trial.
Around these parts, a man could get hurt for wearing purple.
Leach asked for the settlement on his own, though.
by Brian Floyd on Jan 25, 2012 11:03 PM PST up reply actions
On his own through a different attorney
Around these parts, a man could get hurt for wearing purple.
No, like the attorney wasn't involved at all.
by Brian Floyd on Jan 25, 2012 11:05 PM PST up reply actions
Wait, wait, wait
I know he has a law degree, but you are saying that he wrote a letter or made contact on his own to settle this?
Around these parts, a man could get hurt for wearing purple.
Gotcha
That still seems odd because you usually don’t try to do anything on your own like this without an attorney. You can screw yourself unknowingly in many ways. I still stand by I see to be pretty obvious that he decided to use a different attorney once he saw that a settlement couldn’t be reached. Thats why he went and got Price’s old legal guy. He must be more geared to take these things to trial than the guys in Texas, even though in the case of Price it was a settlement.
Around these parts, a man could get hurt for wearing purple.
So when/if the case goes to trial
any chance we can get some streamin/threadin?
by CougAir on Jan 25, 2012 11:26 PM PST reply actions 2 recs
Do they still have CourtTV?
I’ve been in University housing for 4 years now so I have lost track of the entire television world
Around these parts, a man could get hurt for wearing purple.
Given Texas' cloak of secrecy in just about everything
I doubt any trial originating from there would be televised.
by Jeff Nusser on Jan 25, 2012 11:34 PM PST up reply actions
I think they televise executions down there
Around these parts, a man could get hurt for wearing purple.
For the good instruction of the village, I'm sure.
by Jeff Nusser on Jan 25, 2012 11:48 PM PST up reply actions
Guys, there are so many tangled politicial and financial relationships
in Texas … especially in the legal arena, it’s probably always been the plan to go for outside counsel.
We love you all for loving Coach Leach (and he hasn’t even won ya’ll a game yet!)
We love you all for loving Coach Leach (and he hasn’t even won ya’ll a game yet!)
“YET” gave me goosebumps! I see sun in Pullman is it spring? “YET”
I linked to the video of James in the "closet"
One question comes to mind? If this is not a doctored video then why does James have a video camera or cell phone at practice?
Just goes to show you how dedicated of an athlete he was…uh, never was.
Not just the cell phone, but notice what he is wearing??
There are e-mails about Spaeth producing this. The youtube used to credit Spaeth; may still. The e-mails are with Tech PR, an AP reporter and Spaeth to send out pseudonyms to the media and blogs to get the video and story out. (They are still out there working to this day.) (Spaeth’s insurance carrier is suing to NOT cover Merrie Spaeth in the lawsuit.) Craig James is reported to and approves all of this, even giving Joe Schad the cell numbers of Nancy’s roomate and fellow “posse” ‘ites’ for his ESPN news reports. This conspiracy is literally “caught on tape”. Texas Tech has NO defense … except Sovereign Immunity!
PS: Spaeth Communications is the Political PR firm that produced the “Swift Boats for Vets” program that stalled John Kerry’s Presidential Campaign.
A brain concussion...
As opposed to what, an ankle concussion?
I'm here to kick ass and chew bubble gum, and I'm all out of bubble gum.
by SpectreFCO on Jan 26, 2012 7:58 AM PST reply actions 10 recs
The dreaded ankle concussion is nothing to laugh at... but
I almost spit my drink all over my keyboard when I read this. :)
Not the original SoCal Coug... just another Coug Fan in SoCal. Go Cougs!
That gets a rec
Attractive, Intelligent, Smart A**
by Neil Vincent Roberts on Jan 26, 2012 8:55 AM PST up reply actions
Arrr
There be more articles on the candidate for senate.
If My Life Is Great, Why Am I Not Happy?
by well you win some and lose others on Jan 26, 2012 10:43 AM PST reply actions
This made me laugh
Last year Stefan Hankin of Lincoln Park Strategies threw Craig James into a statewide poll and found that James was less popular in West Texas than Barack Obama.
by WazzuCrew11 on Jan 26, 2012 12:03 PM PST up reply actions
I just finished "Swing your Sword" Monday...
Tech says Leach breeched his contract. Well, wtf was the chancelor and the board of regence doing being involved in the contract negotiations in 2008? I don’t see how Tech can say they have immunity when they agreed they could be sued. Those individuals should be punished. With a list a mile long of other wrong doings. Its all about the money and who beat George Bush in the ‘70s in a political race.
Seriously people need to get a backbone. When they go back on their stories to save a job. You don’t think you’ll get a job elsewhere after being with one of the most winningest coaches in a decade. Everyone else did who didn’t retire, pretty quickly in fact.
I found this blog with Craig James and Rick Perry videos, I almost pissed myself. These two dudes have got to be the most idiotic people around.
PS: Where's the SACS in all this??? ( the College accreditation association Trexas Tech is under??)
SEE the politics in all this??
Seriously...
If the judge rules in the favor of Tech this guy has a hard on for Craig James….I hope Leach sues to “pants off” James, Spaeth, and whoever else screwed him.
by WazzuCoug07 on Jan 26, 2012 11:10 AM PST up reply actions
I saw an article on SBB http://www.sportsbybrooks.com/espns-james-called-tech-coaches-during-games-29962 talking about Craig James badgering coaches during the game.
Simple rule of thumb: Everything before the but is BS.
by FriscoRaider on Jan 26, 2012 1:23 PM PST up reply actions
Great Read!
Yeah, hope Leach gets his blows in, but it sounds like that’s not his style? But I look forward to seeing how this plays out.
A more serious explanation
I didn’t write this in the post, because I’ve written it elsewhere (at the mothership), but Texas Tech is holding the party line because they can. At issue here is not a breach of contract, at least not yet. The issue in this suit is sovereign immunity, a claim Mike Leach is challenging in the Texas Supreme Court. Texas Tech’s lawyers can take an arrogant viewpoint of the case because the university’s claim to sovereign immunity is unlikely to be overturned. That’s just how it is in Texas.
Until the claim is resolved, neither case can go forward. Texas Tech has no reason to settle right now — sovereign immunity, again — so there was never a realistic chance they would anyway. Besides, the real target here, and the reason Heninger is around, is the suit against ESPN, Craig James and Spaeth.
Once it goes to the supreme court in D.C.
The immunity will be up in the air.
If My Life Is Great, Why Am I Not Happy?
by well you win some and lose others on Jan 26, 2012 1:56 PM PST up reply actions
I'm no lawyer, but I don't think it usually works that way
Most universities have state sovereign immunity unless they do something short-sighted like invoke federal jurisdiction in a case. Some universities do not have immunity because their charter language or operating policy does not explicitly label them as a representative of the state government. One point of particular interest is that merely receiving funding from the state government does not make a university a state institution by default.
I guess my point is that Texas Tech probably has immunity but it is possible they do not, and if they do have immunity I don’t think Leach will be able to appeal to the feds. Besides, I believe a person can only appeal to the feds if a case is decided, not if one court system decides the defending party cannot be sued.
by johnnycougar on Jan 26, 2012 3:14 PM PST up reply actions
It's the Texas Supreme court, not Federal.
The case is currently pending before the Texas Supreme Court, whom most of us lawyer types expect to pour the case out in the near future. I know it seems absurd. But, under the law in Texas, the near consensus among the appellate courts appears to be that there is no way through sovereign immunity other than a statutory exception created by the state legislature. And while there are many, many statutory exceptions to sovereign immunity already on the books in Texas, there is, incredibly, there are none that would apply to Coach Leach’s breach of employment contract claim. Most of us expect that this aberration will be corrected during the next legislative session, but that doesn’t occur until 2013 in Texas, and that will be too late for Coach Leach.
The ultimate dismissal of his claims will have nothing to do with the underlying merits of the case, but will instead be owed to the application of an archaic rule of law dating back to before the creation of this nation (the King could do no wrong in merry old England) that still exists in almost pure form in the State of Texas.
Excerpts from the post in the sidebar on this.
"the King could do no wrong in merry old England"
I thought Texas was part of Mexico?
If My Life Is Great, Why Am I Not Happy?
by well you win some and lose others on Jan 26, 2012 3:39 PM PST up reply actions
Perhaps I've become overly jaded, but I don't see anything unusual about this letter
No one’s going to admit weak points in their case in a letter to the opposing attorney.
"We don't want our people to be preoccupied with seminude, crazy men jumping up and down who are chasing an inflated object," said Sheik Mohamed Osman Arus, head of operations for the Hizbul Islam insurgent group.
"get bent Texas Tech"
totally understand where you’re coming from, and I agree. But I must modify it with a “Get bent, current Texas Tech Administration, general counsel, and Board of Regents”. For the most part, and still, there’s an undercurrent of huge discontent with what happened and the continued persistent “in-your-faceness” of it all. I love my University just like you love yours, and sometimes differentiating between the positive and negative forces within an organization is worth pointing out, so that hopefully you can keep the good and get rid of the bad.
Interesting Tidbit
First time I’ve seen anything about this, and I live in Lubbock! I’m pretty sure we were talking on DTN recently about how the local Lubbock media is in bed with with the “ugly” side of Tech on this whole thing. I think something about this may have been mentioned briefly on the radio, but it’s vague. Gosh I’m so tired of all this crap. I just wish people would quit being douches about it all (mainly Tech admin and CJ) so everyone can just go on and remember that the vast amount of good Leach did for us vastly outweighs the bad

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