Setting Ground Guidelines for Coaching
Setting ground guidelines for coaching is essential to ensuring that everyone knows their responsibilities and fulfills them. Important clauses in a coaching contract must be highlighted if the coach is to be protected, as well as the institution.
Reassignment Clause
With the help of the reassignment clause, the University will be able to transfer the coach from their role as chief coach without having to fire them. The new jobs they are assigned to should be compatible with their skill set. If a student is unable to perform their duties and their contract term has not yet ended, the clause is essential to the school. Universities also include the provision to guard themselves against increased salaries that they may not be able to cater to (Greenberg, & Leibsohn, 2014). Reassigning a coach without the clause could see the coach taking legal action against the school for wrongful reassignment. Damages could be assigned to them due to a loss of image, and the court could award them their previous position.
Covenant Not to Compete (Restrictive Covenant)
The restrictive covenant ensures that the coach does not take part in similar coaching duties during the contract period. Some contracts include a non-compete clause for a post-employment period (Pauline, & Wolohan, 2011). The restriction is for a specified duration and within a set geographical location to ensure that one can work on leaving employment as the head coach. The clause is key when contracting Wynn as he would not use school resources to benefit other individuals that could be potential competitors and therefore creating a conflict of interest. The clause would ensure Wynn focusses on training the school team who are his core job and would not be lured to working part-time with another school that would ultimately mean that the tricks taught are the same.
The Rollover Clause
The rollover clause would provide a better negotiation platform to guard the university against the team being left mid-season on expiry of the contract (Miller, & Schoepfer, 2017). It ensures that the coach keeps working for the University without change of terms which would protect the university against unprecedented requirements being called for by the coach. Given the rollover allows the university to review performance it gives both parties room to establish future strategies.
Five Other Coaching Clauses
Confidentiality clause protects the University against leakage of information during and after the employment period (Miller, & Schoepfer, 2017). Sporting is a competitive sport that requires only the team members to understand the tactics applied in winning. The clause ensures that Wynn does not share information on the organization that would jeopardize their competitive edge.
Liquidated damages or the buyout clause provides for compensation if Wynn does not fulfill his part of the contract (Miller, & Schoepfer, 2017). It could occur if Wynn decides to terminate his position without cause, he may be liable to pay the University a specified amount of money. It prevents the University from easily losing key staff to other schools especially if the season is not complete.
The prohibition against solicitation provides that the coach may not call upon team members from the University on termination of his contract to go with him. The clause is specific to the students that he had worked with before and had prior communication. It ensures that the school team remains intact even though the coach may leave the University.
A clause on termination is essential to establish the situations that may see the coach losing their job (Miller, & Schoepfer, 2017). The clause stipulates violations that may lead to loss of position such as non-performance, breaking the law, and misconduct. The clause would protect the University from being sued for wrongful termination which would be costly.
The compensation clause is crucial for coaches as it is for all other careers. The clause should highlight the basic pay, bonuses, and performance-based incentive during the employment tenure (Miller, & Schoepfer, 2017). The provision ensures that there are no grievances relating to how much the school needs to offer at the end of the period. It could also protect the University if the coach does not undertake the roles in the client as the amounts payable would be commensurate with performance.
Conclusion
Coaching contracts are complex given the depth of the clauses they need to cover. However, the University should include provisions on non-compete, remuneration, confidentiality, buyout, and termination to protect themselves against legal suits. Understanding the responsibilities of all parties is vital in meeting the contract requirements.
References
Greenberg, M., & Leibsohn, B. (2014). The Disappearance of a Dinosaur: Reassignment Clauses are Losing Their Footing in College Coaches' Contracts. Marquette Sports Law Review, 25(1).
Miller, J., & Schoepfer, K. (2017). Legal aspects of sports (1st ed.). Burlington, Massachusetts: Jones & Bartlett Learning.
Pauline, G., & Wolohan, J. (2011). An Examination of the Non-Recruit Clause in Intercollegiate Coaching Contracts. Journal Of Legal Aspects Of Sport, 21(2), 219-238.
