Arizona reportedly got a notice of infractions from the NCAA recently. The university did not comment on receipt of the notice publicly. Sean Miller's program is alleged to have committed FIVE Level One infractions. Suffice to say, if the notice holds any water, a postseason ban is on the horizon for the Arizona Wildcats.
The University of Arizona has been served with nine allegations of misconduct, including five Level I allegations, the most serious under NCAA rules, following a multiyear investigation of its men's basketball program, sources confirmed to ESPN on Sunday.
The Athletic, which first reported the number of allegations, also reported on Sunday that Arizona has been charged with lack of institutional control and failure to monitor, and Wildcats coach Sean Miller has been charged with lack of head coach control.
The head coach of Arizona Basketball, Sean Miller, has been under a microscope lately with the on-going NCAA investigation. As a result, he has not received a contract extension since 2017. Currently he is on a three year contract that ends after the 2021-22 season.
If it "holds water" how does Sean Miller keep his job?
Answer: Someone at Arizona was a real tough contract negotiator when working on Miller's contract, see 24 Feb 2018 article below....
Quirk in Sean Miller's contract gets him more from Arizona if he's fired for cause
Miller may actually be owed $10 million if he is fired for cause and $5 million if he is fired for no reason
Feb 24, 2018
Following a bombshell report from ESPN on Friday night alleging that Arizona coach Sean Miller was caught on an FBI wiretap discussing a $100,000 payment to lure a five-star recruit to commit to the school, it would come as no surprise to anyone if the university is exploring how to part ways with Miller.
But doing so -- and especially doing so for cause -- might be more costly than it might expect.
According to ESPN, Miller's current contract says that if he is fired for cause, he would be owed
more by the university than if the university parted ways with him for no reason at all.
Below is what Miller's contract -- obtained by Rush the Court -- says in the, "Respective Obligations of the Parties in the Event of Termination with Cause" section.
In the event of a termination under this Section, the University's sole obligation to Coach shall be payment of his Base Salary as provided in Section III (and where applicable, any accrued Additional Compensation earned under Section IV prior to the date of such termination). The University shall not be liable to Coach for any lost collateral business opportunities or other benefits associated with Coach's position, including but not limited to opportunities provided pursuant to Section VII and IX.
If Coach or the University is found to be in violation of NCAA or Conference regulations as a result of any act or omission of Coach while employed at University, Coach shall be subject to investigative, disciplinary, or corrective action as set forth in NCAA and/or Conference enforcement procedures. Prior to the initiation and/or completion of any NCAA or Conference investigation, the University reserves the right to conduct its own investigation and make its own reasonable determination, within its sole discretion, of whether a material or repetitive violation(s) of NCAA or Conference regulations occured, and to take action to suspend or terminate Coach based on that investigation and conclusion. Prior to suspension or termination, the University shall provide Coach with written notice and a reasonable opportunity to defend as set forth in Section XV(B) above.
Another section in the contract titled, "Termination by University Without Cause; Liquidated Damages" gives more substantive evidence proving Arizona might be on the hook for more than if it were to part ways without cause.
This Sixth Amendment may be terminated by the Director of his designated representative at any time without cause. In such event, the University shall pay to Coach as liquidated damages, in lieu of any and all other legal remedies or equitable relief, an amount calculated as follows for each year or pro rata portion remaining under this Sixth Amendment: fifty percent (50%) of that portion of Coach's Base Salary (Program Salary plus Peripheral Duties Compensation) what would have been owed to him through the remaining period of this Sixth Amendment as provided in Section I but for termination under this Section, plus any Additional Compensation earned by Coach under Section IV prior to the date of termination. The above sums will not be reduced in the event of Coach's subsequent employment during the period covered by this Sixth Amendment. Payment shall be made in one lump sum, less appropriate withholdings under state and federal law, within thirty (30) days of the date of termination.
As Forbes.com notes, there essentially appears to be missing language in the contract. In the preceding section, it only says Miller gets his Base Salary in the event of termination. It does not say that Miller should keep money paid or past due to him or that he is entitled to a pro-rated portion of the Base Salary.
There is clearly missing language that should limit Miller's salary in an instance where he is fired for cause -- language that is present in almost every kind of employment contract.
The way that the contract is drafted makes it seem that the university would actually save money by terminating Miller without cause (only being required to remit 50% of Miller's Base Salary still due), which makes no sense whatsoever. But the school may be trapped based on its poor drafting and/or review of the terms prior to the agreement's execution. It was fully signed by Miller and President Ann Weaver Hart on behalf of the University of Arizona.
Entire article:
https://www.cbssports.com/college-b...him-more-from-arizona-if-hes-fired-for-cause/