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ECU AD Jeff Compher is already breaching contract extension agreement (Link)
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Indiana Bones Offline
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ECU AD Jeff Compher is already breaching contract extension agreement (Link)
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/Conten...-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.
09-06-2017 11:01 AM
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b0ndsj0ns Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
You are not going to be able to prove in a court that he's breaching those things.
09-06-2017 11:11 AM
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200yrs2late Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
#firecompher
09-06-2017 11:12 AM
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Indiana Bones Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
(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.
09-06-2017 11:15 AM
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GrayBeard Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
(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.
09-06-2017 11:37 AM
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Indiana Bones Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
(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.thefreedictionar...n+standard
09-06-2017 11:54 AM
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GrayBeard Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
(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.thefreedictionar...n+standard

Question #1....What has changed since he was granted an extension?

If nothing, then the case is dismissed....
09-06-2017 11:58 AM
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PuddlePirate Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
(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.
09-06-2017 12:06 PM
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Indiana Bones Offline
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Post: #9
RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
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.
09-06-2017 12:20 PM
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wavefan12 Offline
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RE: ECU AD Jeff Compher is already breaching contract extension agreement (Link)
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.
09-06-2017 12:26 PM
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