Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, April 3, 1990 TAG: 9004030148
SECTION: SPORTS PAGE: B1 EDITION: METRO
SOURCE: Associated Press
DATELINE: CHAPEL HILL, N.C. LENGTH: Medium
Robert "Roddy" Jones, chairman of the University of North Carolina system board, said after the unanimous vote that he hoped the question of Valvano's future would not end up in court.
"The system is not proud of anything that goes on this long within our 16-campus system. And, of course, N.C. State University, the board of trustees and all the friends of N.C. State wish for this to come to a speedy conclusion," Jones said.
Negotiations over Valvano's contract reached an impasse last week. The sticking point is a $500,000 buyout clause that the school must pay Valvano if he is fired without cause. It also calls for Valvano to pay the school if he leaves to take another coaching job.
Jones said after the meeting that the board did not discuss the cost of either paying the $500,000, nor the cost of a suit. But he said the school is considering its options.
"The university itself is . . . continuing the process of weighing cost vs. principle in this matter," Jones said.
The vote on whether to allow the school to pursue a lawsuit came during a two-hour closed session of the board, which oversees the state's 16-campus public university system. The board must authorize member universities to take legal action.
"The next step will be up to N.C. State University's private counsel, along with his coordination with the attorney general's office," Jones said.
The board heard from N.C. State interim Chancellor Larry Monteith and two attorneys assisting the school before voting, Jones said. One of the school's attorneys, Howard Manning outlined his findings, Jones said.
Neither Monteith nor Manning would comment on the school's plans.
Valvano and the N.C. State basketball program have been under fire since January 1989 amid allegations of NCAA violations, academic abuses and, most recently, point shaving by players on past teams.
Valvano would speak only through his attorney, Woody Webb, of Raleigh.
"I think it's without precedent for a university to sue its coach," Webb said. "We will continue to negotiate in good faith, as we have up to now."
N.C. State trustees voted 9-3 earlier this month to instruct their attorneys to seek the termination of Valvano's contract. Manning told the board that he believed the school could argue that Valvano had failed to fulfill his contract by ensuring the academic progress of his students.
But Webb said he doubted that strategy would work.
"I think it's a vague and broad standard," Webb said. "Moreover, I think it will become clear that Mr. Valvano has done at least as much, if not more than most coaches do to assist their players academically.
"Moreover, the contract does provide that this duty is in conjunction with other university personnel. We'd be mighty interested in how well they discharged their duties. We would contend that he did everything within his power to assist his students academically," Webb added.
Jones was asked if the board's decision should be interpreted as a message to Valvano.
"I think he and his attorneys are probably keeping up with this action," he said. "I don't know that it sends a message other than the fact that they know that the campus now has additional authority if they so desire to use it."
He said Valvano should not take the vote as one of "non-confidence."
by CNB