Published: July 17, 2008 01:08 am            

General fund to get Rod payoff

MORGANTOWN — The $2.5 million payoff about to be paid in the Rich Rodriguez buyout litigation will go into West Virginia University’s general fund, Alex Macia said Wednesday afternoon.

Macia, the school’s general counsel, also stated that WVU — not the athletic department — will pay expenses of its own legal team following last week’s out-of-court settlement of the $4 million lawsuit.

It was the institution which filed suit last December against Rodriguez, its head football coach for seven years, for leaving before his latest contract expired.

That included the buyout, for which the University of Michigan, his new employer, has agreed to pay $2.5 million by July 31.

Under the settlement, for which loose ends are still being tied together, Rodriguez will pay the remaining $1.5 million in three installments. The first is due Jan. 1, 2010.

“I expect to have the legal expenses from the two law firms very shortly,” Macia said. “I don’t know whether (the money) will come out of the $2.5 million. But when we receive the final bill, it will be paid.”

He said there has been no discussion yet of where the funds from U-M and Rodriguez will go eventually. But he thinks it will be a decision by the newly named interim president, C. Peter McGrath.

“Our two law firms are still working on the settlement agreement and the final release,” Macia continued. “Then they will sign the joint order dismissing the case.

“There’s just a little bit of work left, even though they did all of the heavy lifting last week (when the litigation was settled in mediation).”

The case was to have been tried before Judge Robert Stone in Monongalia Circuit Court.

Macia doesn’t know yet how much it will cost the university in legal service fees, travel expenses, etc. But he said, “From the outcome the two law firms Fitzsimmons and Flaherty achieved, I am certain it will be well worth (the cost).

“Legally, I think we were correct on the law and on the facts. (Rodriguez’s lawyers) just did not have a strong argument either on the law or the facts.”

He indicated that all concerned at WVU are happy with getting the full $4 million without having to go to trial.

“Also, we’re getting (part of the buyout) six months ahead of time,” he said.

“To be fair, I think you have got to admit that Mike Garrison (outgoing president) and Craig Walker (former chief of staff) did not defy anyone. They did not cheat anyone.

“I think you’ve got to give President Garrison credit for hanging in there (for the full $4 million). We did not back down at all.”

Rodriguez had said publicly that Garrison had indicated verbally he would reduce or eliminate the buyout.

Macia hopes to receive a final accounting of legal team expenses before the end of July. He said those will be made available to the media after institutional procedure is completed.

        

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