May 14, 2008
Rodriguez deposition released
By
Dave Hickman
Staff writer
MORGANTOWN - Perhaps the most interesting part of the transcript of Rich Rodriguez's April deposition is not what is in it, but what isn't.
For the most part, the testimony of the former West Virginia football coach merely reaffirms and details his stance on most of the major issues regarding the disputed $4 million buyout clause in his contract as WVU's coach, including his assertion that he was pressured by Gov. Joe Manchin and others to sign the deal.
He was not permitted by his attorney, however, to answer any questions dealing with any arrangement he might have made to pay the buyout before agreeing to become the coach at Michigan in December.
[...]
Rodriguez admitted that when he signed a contract amendment just prior to the 2007 season that he did not ask that the $4 million buyout be reduced or eliminated. He reiterated his contention that he had been told by new WVU president Mike Garrison that the buyout would be reduced or eliminated should he choose to leave.
"I trusted what he told me,'' Rodriguez said.
But after also admitting that he asked that a $2 million buyout clause in his new contract at Michigan be doubled to the same $4 million figure he is contesting at WVU, Rodriguez's attorneys refused to allow him to answer questions designed to discover whether he made arrangements with Michigan to cover the cost of his West Virginia buyout.
It seems to be the contention of WVU's attorneys that not only did Rodriguez understand that he would have to pay the buyout, but that when negotiating the terms of his agreement with Michigan two days before he resigned at WVU he asked that some arrangement be made to cover his West Virginia buyout.
[...]
The central conflict between the two sides is and always has been Rodriguez's contention that Garrison told him that he did not believe in buyouts and that if Rodriguez signed the contract he would not be held to the entire $4 million amount should he decide to leave.
"He said ... he didn't believe in buyouts,'' Rodriguez said, referring to a conversation he had with Garrison just prior to signing his contract amendment in August. "And if it ever came to that fact, the lawyers would get together and reduce it anyway. That's what he said.''
At one point during the deposition, Flaherty asked Rodriguez to read the integration clause that was in the 2002 version of his contract and which also applied to the 2007 amendment. That's the clause that stipulates that the agreement contains all the terms and conditions and that there are "no other understandings or representations, either oral or written'' that will change the written contract, such as the alleged statement by Garrison.
After Rodriguez read the section aloud, Flaherty asked, "As someone with both a bachelor's and a master's degree, you understand that paragraph, don't you?''
"I may have not understood it completely,'' Rodriguez answered.
[...]
As for whether Michigan approached Rodriguez or vice versa, Rodriguez said it wasn't he who contacted Michigan. But when told that e-mail correspondence showed that it was at least one of his representatives, Brown, that initiated the contact, he didn't deny he was aware of it.
"I may have been [aware]. I don't recall,'' Rodriguez said. "But I wouldn't - I didn't object to it if he did, obviously.''
He also admitted that he contacted potential recruit Terrelle Pryor and told him of his decision to go to Michigan before he informed anyone at WVU, including his players. But he said it was just two minutes before the meeting in which he told his team he was leaving and that there was no NCAA violation because he was calling on behalf of WVU and not Michigan, merely to let him know.
Download a PDF copy of Rodriguez's deposition (8.3 MB)
Download a PDF copy of Pastilong's deposition (4.4 MB)