ADVERTISEMENT

Muschamp actually due over $15 Million

Ray Tanner's negligence and incompetence is costing the University and the State of SC millions of dollars. Now granted, taxpayers are not on the hook because the AD and Gamecock Club will take care of it. But if they balked Muschamp could sue and he would win.

How can Ray Tanner still have a job?
Was it Tanner or the Trustee or both? The article didn't say.
 
You can’t make this stuff up.


South Carolina’s board passed hefty cut to Muschamp buyout. It never went into effect
BY BEN BREINER
DECEMBER 09, 2020 03:35 PM,
UPDATED 12 MINUTES AGO
Play Video

South Carolina fires Will Muschamp after 2-5 start to football season


South Carolina has parted ways with head coach Will Muschamp, the school announced Sunday. BY ERIC GARLAND


Listen to this article now

02:52
Powered by Trinity Audio


An agreed-upon revision to former South Carolina football coach Will Muschamp’s contract that was never signed by the parties would have saved the university $2 million in buyout money when it fired him.
The failure to complete the contract amendment, which was approved by USC’s board of trustees in December of 2019, means Muschamp’s buyout obligation from the school remains at a bit more than $15.5 million, instead of slightly more than $13.4 million.
At the time of the amendment’s passage, the change was publicized as a move to allow Muschamp to redirect money to help retain a key assistant coach. It also removed Muschamp’s annual raises and therefore lowered the university’s burden should it fire him.

However, the contract, which was obtained by The State this week following a Freedom of Information request, shows the amendment was never signed by Muschamp, athletic director Ray Tanner or board of trustees secretary J. Cantey Heath.
A school spokesman confirmed this was the version the school had on file — and not a draft. USC did not respond to multiple requests for additional comment.

The State also confirmed through a source that the amendment never went into effect.
Tanner has said several times, including as recently as Monday, that he will negotiate the buyout terms with Muschamp. Contract law expert Marty Greenberg, however, told The State there isn’t much to negotiate.
An unsigned contract typically isn’t enforceable. Since Muschamp has already been relieved of his duties, it’s not clear what incentive, if any, he has to give the school a break.
Muschamp could negotiate to receive less money from South Carolina, but his contract doesn’t require him to do that. Without mitigation language and with the buyout spelled out, Muschamp really only has to collect his money, spread out across four years, and perhaps earn a paycheck from a new job on top of it.
Last December, Tanner said the change in the contract came about after Muschamp suggested it. The team finished 4-8, but Tanner said Muschamp wanted to give running backs coach Thomas Brown a raise.
All-access digital subscription
Connect to local news for just $1 a month for 3 months
VIEW OFFER

Muschamp had already demoted a $1 million assistant from offensive coordinator to just a position coach (Bryan McClendon) and hired another assistant at more than $1 million (Mike Bobo at $1.2 million).
But Brown, who got a $200,000 raise, wasn’t around long. He took a job with the NFL’s Los Angeles Rams two months later. Two months after that, McClendon left for Oregon. Each paid the school $100,000 to get out of their USC deals, according to documents The State obtained through public records requests.
Brown’s spot was functionally filled by Rod Wilson, who earned $225,000 less per year. McClendon’s spot was filled by Des Kitchings, who got $700,000 less in his deal.
South Carolina replaced Muschamp with Shane Beamer, whose salary is not yet public, though multiple outlets report he will get $2.75 million a year for five years. His assistant salary pool is not yet public.

RELATED STORIES FROM THE STATE IN COLUMBIA SC
USC-FOOTBALL
Tanner working to negotiate Muschamp’s buyout. One factor puts him in a bad spot
DECEMBER 09, 2020 9:25 AM
This is all on Ray the Rube, an AD so incompetent that he never got an agreement that reduced USC’s liability by $2,000,000 signed by the parties. Unbelievable! This should be no brainer grounds to fire Tanner and yet, our future in athletics is still in his grubby little hands.
 
  • Like
Reactions: cadcock
Both parties not signing implies there was another agreement being discussed. The only apparent change that would trigger a discussion is that the two assistants who were to be given the raises ostensibly from Muschamp’s buyout money had left. It looks like Ray went rogue on the board and tried to negotiate a handshake agreement with Muschamp. Ray may be in serious trouble.
 
Both parties not signing implies there was another agreement being discussed. The only apparent change that would trigger a discussion is that the two assistants who were to be given the raises ostensibly from Muschamp’s buyout money had left. It looks like Ray went rogue on the board and tried to negotiate a handshake agreement with Muschamp. Ray may be in serious trouble.
Wow....conspiracy theories have gone full tilt.
 
  • Like
Reactions: titaniumspur
I know some have been complaining because they felt Muschamp owed us a public statement.

I am more interested in a public statement from Ray on this mess. I bet he ignores and moves on w/o addressing.
 
I know some have been complaining because they felt Muschamp owed us a public statement.

I am more interested in a public statement from Ray on this mess. I bet he ignores and moves on w/o addressing.
Who knows if he can? My limited experience in an AD office (part time when I was a law student )is that whatever verbal agreement is reached would go to the school's legal department (inside or outside counsel) to be drafted with a signature page for each person required to sign and then distributed in duplicate to each person. Each person would then be required to send in the two pages with their signature. One duplicate original would go to the coach and the other retained by the proper office of the school. Stating that, my experience was at a smaller private university which required three signatures to ratify a athletic department contract....the AD, the President and a designated Trustee....on behalf of the university. It was neither the ADs, President's or the Trustee's responsibility to distribute and collect the signatures.....that fell on the university's legal department.

This isn't intended to place blame as I have no clue what the procedure is at USC. This is just my experience from seeing it a couple of times.
 
  • Like
Reactions: OldWiseCock
How were they conned? Did Muschamp hypnotize Ray and his administrators to forget to obtain signatures?

Incompetence on USC’s part does not equal a con job by Muschamp. It just means he is the recipient of (even more) good fortune.
THIS THE SAME CREW THAT'S GOING TO HIRE A GUY THAT GOES BACK TO HIS OLD JOB WHILE THE FUTURE RECRUITS GO ELSEWHERE TO PLAY FOOTBALL. CLASSLESS TO FIRE A COACH MID SEASON IN A COVID WORLD.
THE BLACK VOID FOR CAROLINA FOOTBALL IS GETTING DARKER. THIS IS ON TANNER, THE PRES AND THE BOT.
MUSCHAMP WILL BE THE HIGHEST PAID COACH IN SOUTH CAROLINA HISTORY. ALL THANKS TO THE IGNORANCE THAT SURROUNDS THE ATHLETIC PROGRAM. TANNER, LIKE BEAMER, IS A NICE GUY. BUT THAT'S THE END OF THE STORY.
 
Wow....conspiracy theories have gone full tilt.
Not really. I lived through a similar situation at work. We had a multi million dollar contract with another company and it had what our attorneys called an evergreen clause in it which meant we could not get out of it. It would keep automatically renewing. Anyway, we finally got them to agree to an addendum and we got out of it. We could easily extend the addendum after that. There was no reason to not sign. But in Ray’s case, we can only speculate based on the facts we know. I don’t see any other motive for Ray to not sign other than what I put forth. It was mentioned in the article as a change in the situation with the assistants.
 
Not really. I lived through a similar situation at work. We had a multi million dollar contract with another company and it had what our attorneys called an evergreen clause in it which meant we could not get out of it. It would keep automatically renewing. Anyway, we finally got them to agree to an addendum and we got out of it. We could easily extend the addendum after that. There was no reason to not sign. But in Ray’s case, we can only speculate based on the facts we know. I don’t see any other motive for Ray to not sign other than what I put forth. It was mentioned in the article as a change in the situation with the assistants.
The article didn't say Tanner didn't sign. It said at least one of the three....AD, Coach or Trustee didn't sign. I would presume that the University requires two signatures to ratify the contract, the AD and a designated Trustee.
 
The article didn't say Tanner didn't sign. It said at least one of the three....AD, Coach or Trustee didn't sign. I would presume that the University requires two signatures to ratify the contract, the AD and a designated Trustee.

The way i read it, is no one signed it. Almost like it was just dropped or forgotten by the athletic dept. or legal dept.
 
The article didn't say Tanner didn't sign. It said at least one of the three....AD, Coach or Trustee didn't sign. I would presume that the University requires two signatures to ratify the contract, the AD and a designated Trustee.
Sorry, I missed that. I am looking forward to more information coming out. I expect it’s about to get even more interesting. I don’t know of a scenario that will make everyone happy unless Ray can negotiate something less expensive.
 
Not really. I lived through a similar situation at work. We had a multi million dollar contract with another company and it had what our attorneys called an evergreen clause in it which meant we could not get out of it. It would keep automatically renewing. Anyway, we finally got them to agree to an addendum and we got out of it. We could easily extend the addendum after that. There was no reason to not sign. But in Ray’s case, we can only speculate based on the facts we know. I don’t see any other motive for Ray to not sign other than what I put forth. It was mentioned in the article as a change in the situation with the assistants.

Fire your lawyers. Evergreen contracts are not meant for never stopping they are meant to avoid renegotiations. They continue unless they are purposefuly stopped. Never seen an evergreen that didn’t have a 30 or 90 day notification clause.
 
  • Like
Reactions: rogue cock
Sorry, I missed that. I am looking forward to more information coming out. I expect it’s about to get even more interesting. I don’t know of a scenario that will make everyone happy unless Ray can negotiate something less expensive.
Honestly there probably isn't a solution that will make everyone happy....it is legal stuff, you know. Lawyers seldom make anyone "happy." LOL
 
Fire your lawyers. Evergreen contracts are not meant for never stopping they are meant to avoid renegotiations. They continue unless they are purposefuly stopped. Never seen an evergreen that didn’t have a 30 or 90 day notification clause.
What happened is that there was some clever wording inside the 90 day clause. These guys were slick. We did get new attorneys on it.
 
Fire your lawyers. Evergreen contracts are not meant for never stopping they are meant to avoid renegotiations. They continue unless they are purposefuly stopped. Never seen an evergreen that didn’t have a 30 or 90 day notification clause.
Completely agree.
 
The article didn't say Tanner didn't sign. It said at least one of the three....AD, Coach or Trustee didn't sign. I would presume that the University requires two signatures to ratify the contract, the AD and a designated Trustee.
You are correct based on the wording in the article with the “or”. But the sentence construction seems like the journalist was trying to convey all parties didn’t sign, but just chose the wrong conjunction.

However, the contract, which was obtained by The State this week following a Freedom of Information request, shows the amendment was never signed by Muschamp, athletic director Ray Tanner or board of trustees secretary J. Cantey Heath.

By the way, good work by this local journalist. We need more of them uncovering all sorts of stuff, even if they sometimes find things we don’t like, make us uncomfortable or challenge our previously held beliefs. Grateful no one has attacked the journalist or called this “fake news“.
 
  • Like
Reactions: rogue cock
The whole school is run by idiots...absolute idiots. And people wonder why we doubt their hires and plans. Exhibit A.
This times 100. People in another thread stating outside of Muschamp hire Tanner has done a good job. Unfreaking believable. It isn’t a curse we have had for over 100 years it is incompetence and fans that accept it.
 
Last edited:
  • Like
Reactions: uscnoklahoma2
This times 100. People in another thread stating outside of Muschamp hire Tanner has done a good job. Unfreaking believable. In isn’t a curse we have had for over 100 years it is incompetence and fans that accept it.
I made that statement, or a similar one, and you'd be hard pressed to convince me otherwise. I have some experience in an AD office and understand all the responsibility they have. Hirings and firings are simply the most public ones.
 
  • Like
Reactions: uscnoklahoma2
I made that statement, or a similar one, and you'd be hard pressed to convince me otherwise. I have some experience in an AD office and understand all the responsibility they have. Hirings and firings are simply the most public ones.
Name the best hire Tanner has made. Name the best contract Tanner has negotiated. Name the sports programs that have improved the most since Tanner took over as AD. Count me as underwhelmed. I’d trade him for Liberty’s AD immediately.
 
  • Like
Reactions: uscnoklahoma2
Name the best hire Tanner has made. Name the best contract Tanner has negotiated. Name the sports programs that have improved the most since Tanner took over as AD. Count me as underwhelmed. I’d trade him for Liberty’s AD immediately.
What facilities has he built and other facility improvements were made during his tenure, what has been our academic rating for our student-athletes during his tenure, what compliance issues have we had during his tenure, what sports have been cut during his tenure (a period when many if not most other schools have had to cut programs), how healthy has our athletic budget been under his tenure, what coach has complained about a lack of support from the athletic administration under his tenure, what required reporting has he failed to make to the SEC and/or the SEC during his tenure?
 
Name the best hire Tanner has made. Name the best contract Tanner has negotiated. Name the sports programs that have improved the most since Tanner took over as AD. Count me as underwhelmed. I’d trade him for Liberty’s AD immediately.
Retaining Staley was probably his best (and that was not a slam-dunk). Other than that Kingston is probably his best hire. WBB, Women's Volleyball, Women's soccer and several other olympic sports have improved. Staley's contract was probably his best.
 
-Opinion-

$15,378,750 is the number given by USA Today as the current buyout for Coach Muschamp's remaining contract. It also inexplicably does not contain a mitigation clause for his future employment in coaching during that time. Someone involved in the contract negotiations should have to answer for that giveaway.

So the buyout is effectively a gift on top of any salary he may earn coaching somewhere else. The University of South Carolina could effectively end up paying him a handsome annual salary to coach at someplace like Vanderbilt for the next four years, I believe. The only possibilities they apparently have are negotiations to avoid litigation or litigation itself based on the defense that there was indeed some cause for his early termination.

I'm not sure at all that a judge or even a jury would be sympathetic to USC's position, but court cases can drag out for years especially in civil court. That would be the motivation to negotiate even if it only ended in his acceptance of a future employment mitigation factor. This is a great deal uglier than it should have been.
 
Who knows if he can? My limited experience in an AD office (part time when I was a law student )is that whatever verbal agreement is reached would go to the school's legal department (inside or outside counsel) to be drafted with a signature page for each person required to sign and then distributed in duplicate to each person. Each person would then be required to send in the two pages with their signature. One duplicate original would go to the coach and the other retained by the proper office of the school. Stating that, my experience was at a smaller private university which required three signatures to ratify a athletic department contract....the AD, the President and a designated Trustee....on behalf of the university. It was neither the ADs, President's or the Trustee's responsibility to distribute and collect the signatures.....that fell on the university's legal department.

This isn't intended to place blame as I have no clue what the procedure is at USC. This is just my experience from seeing it a couple of times.
I have worked in the corporate world long enough that a department head is ultimately responsible regardless of the breakdown.

Tanner should always require an executed copy for his records. If he didn't do that, he fell down.

Who knows, maybe there was an agreement that they wouldn't move forward with this particular contract. Someone from the university should explain what happened / went wrong.
Who knows if he can? My limited experience in an AD office (part time when I was a law student )is that whatever verbal agreement is reached would go to the school's legal department (inside or outside counsel) to be drafted with a signature page for each person required to sign and then distributed in duplicate to each person. Each person would then be required to send in the two pages with their signature. One duplicate original would go to the coach and the other retained by the proper office of the school. Stating that, my experience was at a smaller private university which required three signatures to ratify a athletic department contract....the AD, the President and a designated Trustee....on behalf of the university. It was neither the ADs, President's or the Trustee's responsibility to distribute and collect the signatures.....that fell on the university's legal department.

This isn't intended to place blame as I have no clue what the procedure is at USC. This is just my experience from seeing it a couple of times.
 
  • Like
Reactions: rogue cock
Who knows if he can? My limited experience in an AD office (part time when I was a law student )is that whatever verbal agreement is reached would go to the school's legal department (inside or outside counsel) to be drafted with a signature page for each person required to sign and then distributed in duplicate to each person. Each person would then be required to send in the two pages with their signature. One duplicate original would go to the coach and the other retained by the proper office of the school. Stating that, my experience was at a smaller private university which required three signatures to ratify a athletic department contract....the AD, the President and a designated Trustee....on behalf of the university. It was neither the ADs, President's or the Trustee's responsibility to distribute and collect the signatures.....that fell on the university's legal department.

This isn't intended to place blame as I have no clue what the procedure is at USC. This is just my experience from seeing it a couple of times.
Yep - I think that's the way it would be done too. My conclusion is that Muschamp decided not to sign it and the University could not force him to sign it. Their only recourse would have been to fire him last winter.

As I sit here and think about this it explains a lot of things. It is why they hired Beamer. Muschamp had NO LOYALTY to the University. They wanted someone as head coach that they believed actually wanted to be here instead of just collect a paycheck.
 
  • Like
Reactions: rogue cock
Does anyone think Ray and the BOT was well aware of their errors long before it was pointed out? Could that be the reason Ray was hesitant to fire Muschamp?
 
ADVERTISEMENT

Latest posts

ADVERTISEMENT