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+---- Thread: ECU AD Jeff Compher is already breaching contract extension agreement (Link) (/thread-826362.html)
ECU AD Jeff Compher is already breaching contract extension agreement (Link) - Indiana Bones - 09-06-2017 11:01 AM
How this guy just received a substantial raise and a 5 year extension just a couple months ago is unconscionable. Why not wait to see how his most important hire pans out 1st. Our administration is ostensibly delusional at this point. Just look at some of the incentives in this contract. See link below:
http://eastcarolina.247sports.com/ContentGallery/ECU-AD-Jeff-Compher-Contract-Extension-Details-107021974
Either way, ECU could fire him right now with cause IMO and not have to honor the contract at all. Compher's only defense is that he is really really dumb. If he goes that route we could get him canned under the Automatic Termination Upon Death or Disability of Director clause.
While he may be dumb, no one can successfully argue that he has acted in good faith and with good conscience as required by the contract. Remember, in a civil court one only needs to prove their case by a preponderance of the evidence (i.e. more likely than not or 50.00001% likely). I think that with his track record ECU could settle such a case for pennies on the dollar considering how much it would cost Compher to fight it in court with so much ambiguity concerning the merits of such a case.
He is already breaching the following clauses:
II. Duties
(1) Devote his best efforts full time in leadership, supervision, and promotion of ECU's athletic programs;
(2) Be responsible for direction and review of ECU's intercollegiate athletic policies and programs;
(5) Use his best efforts to...maintain program integrity....
(7) Diligently seek to promote athletic excellence and a competitive program on local, conference and national levels...maintain responsibility for scheduling athletic events;
(9) Diligently seek to maintain effective relations with...alumni, students, etc.
DIRECTOR agrees to faithfully and diligently perform the duties of this position and to devote such time, attention and skills to the performance of these duties as necessary to meet the responsibilities of the position of DIRECTOR. DIRECTOR agrees that failure to discharge any of these duties constitutes a breach of this Agreement that would allow ECU to discharge DIRECTOR for cause pursuant to section XI of this Agreement.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - b0ndsj0ns - 09-06-2017 11:11 AM
You are not going to be able to prove in a court that he's breaching those things.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - 200yrs2late - 09-06-2017 11:12 AM
#firecompher
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - Indiana Bones - 09-06-2017 11:15 AM
(09-06-2017 11:11 AM)b0ndsj0ns Wrote: You are not going to be able to prove in a court that he's breaching those things.
You only have to show that it's 50.00001% more likely that he did breach the contract for ECU to win in civil court. As a lawyer I can assure you that with adequate representation one can sway a jury to believe just about anything. I don't even think this is a hard case to win.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - GrayBeard - 09-06-2017 11:37 AM
(09-06-2017 11:11 AM)b0ndsj0ns Wrote: You are not going to be able to prove in a court that he's breaching those things.
This.
Plus it would make it impossible for us to hire anyone else.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - Indiana Bones - 09-06-2017 11:54 AM
(09-06-2017 11:37 AM)GrayBeard Wrote:(09-06-2017 11:11 AM)b0ndsj0ns Wrote: You are not going to be able to prove in a court that he's breaching those things.
This.
Plus it would make it impossible for us to hire anyone else.
In my professional opinion I earnestly disagree (see my previous post above). Moreover, I think any prospective AD would realize that Compher was grossly neglectful and operating with a wanton disregard for the 'trajectory' of our athletic department. Whether it is with actual knowledge or constructive knowledge, he either knows he's running us into the ground or he should know. His actions wouldn't even pass muster per the reasonable person standard. Any reasonable person in his position would not make the decisions he has made. You could even argue that there's no rational basis to some of his decisions at all.
http://legal-dictionary.thefreedictionary.com/Reasonable+person+standard
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - GrayBeard - 09-06-2017 11:58 AM
(09-06-2017 11:54 AM)Indiana Bones Wrote:(09-06-2017 11:37 AM)GrayBeard Wrote:(09-06-2017 11:11 AM)b0ndsj0ns Wrote: You are not going to be able to prove in a court that he's breaching those things.
This.
Plus it would make it impossible for us to hire anyone else.
In my professional opinion I earnestly disagree (see my previous post above). Moreover, I think any prospective AD would realize that Compher was grossly neglectful and operating with a wanton disregard for the 'trajectory' of our athletic department. Whether it is with actual knowledge or constructive knowledge, he either knows he's running us into the ground or he should know. His actions wouldn't even pass muster per the reasonable person standard. Any reasonable person in his position would not make the decisions he has made. You could even argue that there's no rational basis to some of his decisions at all.
http://legal-dictionary.thefreedictionary.com/Reasonable+person+standard
Question #1....What has changed since he was granted an extension?
If nothing, then the case is dismissed....
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - PuddlePirate - 09-06-2017 12:06 PM
(09-06-2017 11:15 AM)Indiana Bones Wrote:(09-06-2017 11:11 AM)b0ndsj0ns Wrote: You are not going to be able to prove in a court that he's breaching those things.
You only have to show that it's 50.00001% more likely that he did breach the contract for ECU to win in civil court. As a lawyer I can assure you that with adequate representation one can sway a jury to believe just about anything. I don't even think this is a hard case to win.
And say the school does go this route and is successful. What then? What of the unintended consequences? And there will be unintended consequences. How easily do you think it would be to attract top talent after such a thing? And the unnecessary cost of taking it into court in the first place. Money is tight and this isn't a necessity. Let things play out and endure the suck until conditions are right, if even action is still needed. Take a deep breath, it'll pass.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - Indiana Bones - 09-06-2017 12:20 PM
I'm at work right now so I'll make this brief but the crux of my argument is essentially this: We have a lack of institutional integrity throughout our administration. We would need to clean house and sue everybody for breach. However, even if we kept Staton & just sued & fired Compher the suit would survive a 12 (b) 6 motion because even if he was already breaching prior to new extension it doesn't preclude (I.e. Constitute a waiver) a law suit for a current breach. Obviously he would counter sue for wrongful termination but with the facts in dispute like they are I think we could settle for pennies on the dollar as I previously stated above.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - wavefan12 - 09-06-2017 12:26 PM
The fact that he was given an extension is criminal assuming there isn't a really cheap buyout.
You can't claim a breach in performance just for being really bad at your job. This is squarely on the admin and is really sad for ECU.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - b0ndsj0ns - 09-06-2017 12:31 PM
(09-06-2017 12:26 PM)wavefan12 Wrote: The fact that he was given an extension is criminal assuming there isn't a really cheap buyout.
You can't claim a breach in performance just for being really bad at your job. This is squarely on the admin and is really sad for ECU.
Yep, unless someone wants to plant coke or a dead hooker in his trunk he's getting that money. Being incompetent doesn't constitute breach of contract.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - jpirate - 09-06-2017 12:43 PM
this argument is mute, as we all know ECU isn't going to fire Compher...at least until the stadium renovation is complete...and even then, probably won't happen.
Our program is a joke right now.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - GrayBeard - 09-06-2017 12:53 PM
(09-06-2017 12:43 PM)jpirate Wrote: this argument is mute, as we all know ECU isn't going to fire Compher...at least until the stadium renovation is complete...and even then, probably won't happen.
Our program is a joke right now.
We need a program renovation, not a stadium renovation. The latter will be taken care of by the former.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - Pir8inRichmond - 09-06-2017 01:06 PM
if we go ahead with the stadium renovation AND we continue to tank like this, I fear revenue will shrink even more and send us to even more debt as we pay off the necessary loans for the stadium project (and pay for woman's lacrosse). we could be looking at a 10 year rebuild given the debt we have, the sport we're adding, the long term contracts of failing coaches and admin, and the stadium project. crazy times for sure given that we were all on top of the world this time last year after the NCSU game.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - 200yrs2late - 09-06-2017 01:58 PM
(09-06-2017 12:53 PM)GrayBeard Wrote:(09-06-2017 12:43 PM)jpirate Wrote: this argument is mute, as we all know ECU isn't going to fire Compher...at least until the stadium renovation is complete...and even then, probably won't happen.
Our program is a joke right now.
We need a program renovation, not a stadium renovation. The latter will be taken care of by the former.
This. I'm sure the powers that be could transfer the stadium renovation funds to buy out Compher, Lebo, and another others the need to go.
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - B easy - 09-06-2017 03:58 PM
http://www.captiongenerator.com/679572/An-Interview-With-Jeff-Compher-09-06-17
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - B easy - 09-06-2017 04:19 PM
Compelling article about Compher written right after Ruff's firing that rings more true today than ever.
https://www.underdogdynasty.com/2015/12/4/9852434/trying-to-make-sense-of-east-carolina-pirates-athletic-director-jeff
ECU AD Jeff Compher is already breaching contract extension agreement (Link) - PurpleReigns - 09-06-2017 04:20 PM
You know how to get shite done? Threaten to go after Staton's job if he doesn't hire Compher. Make him save his own ass to get what you really want done done.
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link) - GrayBeard - 09-06-2017 04:26 PM
Has Compher deleted his twitter account?
ECU AD Jeff Compher is already breaching contract extension agreement (Link) - PurpleReigns - 09-06-2017 04:39 PM
(09-06-2017 04:26 PM)GrayBeard Wrote: Has Compher deleted his twitter account?
Looks like it. Also apparently some are already calling for Staton to be fired. Is that because of the extension or something else?
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