|Rodriguez targets WVU Foundation in response to university's suit|
|Written by Admin|
|Friday, 01 February 2008 12:17|
That was a key demand in the formal response that Rodriguez filed Friday to WVU's lawsuit over the $4 million buyout clause in his contract. He also said it was the administration's actions - not a better offer - that forced him to resign in December and take the coaching job at Michigan.
WVU attorney Jeff Wakefield said he had not yet read the court documents and could not immediately comment.
Largely, Rodriguez's answer to the lawsuit in U.S. District Court in Clarksburg restated many of the arguments his camp has made since Dec. 18, when his resignation sparked a feud with the school. His lawyers have ratcheted up the stakes by drawing the WVU Foundation into the matter.
The foundation, which had been run in part by WVU president Mike Garrison's chief of staff, Craig Walker, is not legally obligated to open its books to public scrutiny under ordinary circumstances. The foundation is a key part of keeping the WVU football program self-sufficient.
``The only way to tell whether or not West Virginia University has been damaged is to see if its donations to the foundation have decreased and/or if other expenses have increased,'' his lawyers said, noting WVU hired assistant coach Bill Stewart to replace Rodriguez at a significantly smaller salary.
Rodriguez asked the court to make the foundation a third party to the lawsuit, citing recent news releases that claimed gifts to the foundation ``were at an all-time high.'' He wants the right to examine its books to find out if donations have dropped off since his departure.
Rodriguez also aimed to disprove Garrison's alleged assertion that ``certain large donors'' demanded the coach's contract include the $4 million buyout clause.
Rodriguez has repeatedly claimed that WVU broke the contract by failing to honor a variety of verbal promises, including one to reduce or eliminate his buyout.
WVU, which sued Dec. 27, denies such a promise was made.
The counterclaim also argued that WVU lacked the authority to file the lawsuit, which it said should have first been approved by the Board of Governors. Rodriguez's response to the school's suit also accused the university of orchestrating a smear campaign against him.
Rodriguez admitted he didn't spell out his reasons for leaving in a one-sentence resignation letter in December, but pointed out that he did so in a second letter on Jan. 10 that essentially formed the foundation of his legal defense.
Earlier this week, Rodriguez filed a $1.5 million letter of credit with the court, arguing that's the most he could potentially owe under the contract in effect when he quit.
His legal team called that filing a gesture of good faith, not an offer to settle.
The gradual disintegration of the relationship between Rodriguez and the WVU Athletic Department was documented in a series of e-mails written over a five-month period. They showed that Rodriguez's relationship with the school was on a downhill slide months before he resigned, in part because of his failed attempts to gain total control over the football program.