2nd Degree Gopher
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- Nov 26, 2008
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Notwithstanding all the titillating allegations, as between Fitzgerald and Northwestern, this is really just a contract dispute. Fitzgerald has a contract. That contract governs the terms of his employment and almost certainly has provisions governing separation from employment both for cause and without cause. In the end, that document will govern what Fitz is entitled to receive.
There may be a lawsuit, but a settlement seems inevitable and I would be shocked if the case goes to trial.
**Fitz wants as much money as possible, but he knows that there is no good defense for claims that he either knew or should have known of improper conduct in his program. He was paid millions to know.
**Fitz also knows that, as a still relatively young man, his opportunity to be a head coach again or land a media gig depends in large part on putting this matter behind him quickly and with as little public airing of any dirty laundry as possible.
**The University must know that they have badly bungled the handling of this investigation and, no matter what facts may come out, they will have a hard time moving forward having terminated the most popular figure in program history. That would be true whether they bludgeon him in court with the proof that he ran a program rife with abuse or whether Fitz debunks the claims of misconduct within his program and establishes that he was terminated without cause.
**Usually in cases like this it's the employer that places the most importance on protecting the institution, but here I think that might be reversed. While Fitz is mad now, he's given his life to the Northwestern football program and I don't think he'll be willing to destroy everything that has been built there in pursuit of an extra $2M (or $10M). The President hasn't been on the job for a year yet. The AD has been there just two years. They didn't hire Fitzgerald and they don't have a fraction of his popularity or profile on campus or off. He is the face of Northwestern football and, for many, the University itself. I can't see him pursuing a course that forces the players and the University through prolonged litigation and further tarnishes the legacy that has been so important to him.
**Both sides here can benefit from a confidential settlement since much of the information that would become public in court or as part of a settlement at a state school can remain confidential at a private one. There are no clean hands here and I think they will agree that everyone is better off resolving the dispute as quietly as possible.
There may be a lawsuit, but a settlement seems inevitable and I would be shocked if the case goes to trial.
**Fitz wants as much money as possible, but he knows that there is no good defense for claims that he either knew or should have known of improper conduct in his program. He was paid millions to know.
**Fitz also knows that, as a still relatively young man, his opportunity to be a head coach again or land a media gig depends in large part on putting this matter behind him quickly and with as little public airing of any dirty laundry as possible.
**The University must know that they have badly bungled the handling of this investigation and, no matter what facts may come out, they will have a hard time moving forward having terminated the most popular figure in program history. That would be true whether they bludgeon him in court with the proof that he ran a program rife with abuse or whether Fitz debunks the claims of misconduct within his program and establishes that he was terminated without cause.
**Usually in cases like this it's the employer that places the most importance on protecting the institution, but here I think that might be reversed. While Fitz is mad now, he's given his life to the Northwestern football program and I don't think he'll be willing to destroy everything that has been built there in pursuit of an extra $2M (or $10M). The President hasn't been on the job for a year yet. The AD has been there just two years. They didn't hire Fitzgerald and they don't have a fraction of his popularity or profile on campus or off. He is the face of Northwestern football and, for many, the University itself. I can't see him pursuing a course that forces the players and the University through prolonged litigation and further tarnishes the legacy that has been so important to him.
**Both sides here can benefit from a confidential settlement since much of the information that would become public in court or as part of a settlement at a state school can remain confidential at a private one. There are no clean hands here and I think they will agree that everyone is better off resolving the dispute as quietly as possible.
