“USC did not respond to multiple requests for additional comment.”

Is there a competition to be America’s dumbest college athletic director that no one told me about?

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.

Just flat out giving it away.  Tell us again about financial hardships during a pandemic, fellas.

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.

That’s a polite way of putting it.  Then, again, if there’s been one consistent management style this year, it’s hoping.

This is how you end up with Shane Beamer.  Jimmy Sexton must wake up every morning wondering why his life has been so easy.

27 Comments

Filed under 'Cock Envy, It's Just Bidness

27 responses to ““USC did not respond to multiple requests for additional comment.”

  1. Ran A

    It’s a constant battle between UTjr. and USCjr as to has the dumbest fan base in the SEC. UTjr. has had the reigning title of dumbest Administrations for quite some time. But it looks likes the folks in Columbia want a shot at the title here as well.

    Liked by 2 people

  2. Ran A

    If I were Muschamp, I wouldn’t let them off the hook for one damn penny. Not one… Just wire the money boys, I’m going roll over to Athens and do some behind the scenes work with my old friend Kirby. “Peace out”

    Liked by 1 person

  3. ugafidelis

    I had to sign my name in 17 places when I refinanced my house. At this point it’s just criminal with these people.

    Liked by 7 people

  4. TN Dawg

    I wonder if the staff attorneys that should have caught this have been shitcanned?

    Definitely should be.

    Liked by 2 people

    • J.R. Clark

      Yep, this is on the legal department, not the AD. 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. 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.

      Like

  5. 79dawg

    Did “contract law expert” Marty sleep through his first year contracts class? Assuming that the parties have been performing for the last year with the amended terms – i.e., a pay cut for Boom, raises for the assistants, etc. – it is almost certainly enforceable….
    Of course, in situations like this, whether the contract is in writing or is signed, or is oral or otherwise, usually simply sets the stage for the parties’ negotiations, rather than actually decides or resolves the dispute…

    Liked by 1 person

    • W Cobb Dawg

      An unresolved contract perhaps. Maybe its me, but going to another round of contract negotiations with Jimmy Sexton just doesn’t seem to be a good idea. Just pay the $15.5 mil.

      Like

    • Gaskilldawg

      Exactly. Professor Alexander at UGA Law would have approved of your post. There is a writing and each parties’ performance would have evidenced assent to the terms of the writing.

      Like

      • Two things here: (1) do any of y’all know South Carolina law and (2) do any of y’all know if any of the terms of the amendment were actually performed?

        Like

        • Hogbody Spradlin

          I’m guessing from 150 miles away. Muschamp’s original contract may have a paragraph that says it may be modified or amended only in a writing signed by the parties. Ergo no change without signature.

          Like

        • Gaskilldawg

          No. I am not a SC lawyer. Georgia’s statute of frauds is not unique to Georgia, but I cannot say if SC’s is the same.
          2) if Muschamp’s previous contract had his raise go in effect on July 1, 2020 and Muschamp coached beginning July 1, 2020 receiving the salary set in the new draft then he would have performed under the new agreement.
          3) Do both parties acknowledge the terms of the draft is the deal they struck? if so, the elements of formation of a contract are met.

          All that said, I don’t know if those “ifs” occurred.

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  6. gotthepicture

    I seriously regret not sending in my resumé to South Carolina. I often wonder if it’s better to be a coach (with Jimmy Sexton as your agent) or a Power 5 AD. Sure the money is better for coaches, but the bar is so low for ADs. What a bunch of @$$ clowns!

    Like

    • Got Cowdog

      For realz. This would be the plan, 10 parts:
      (1) Hire Jimmy Sexton. Have him negotiate an annually renewing contract for a million and some change plus his fee. Include a buyout of, say, 800 grand.
      (2) Steal Booch from Bama as DC.
      (3) Keep CMB as OC,
      (4) Find a good bagman
      (5) Buy with booster money a decent recruiting class, sowing hope.
      (6) Go 4-8. I should be able to do that with Booch and Mike beating up on cupcakes and Vanderbilt.
      (7) Get fired. Without cause of course, ’cause it would look bad if my shady recruiting and off field behavior (looking at you, John Jameson) came to light.
      (8) Retire to secluded location, write memoir of time as coach full of vague references to shady behavior.
      (9) Get interviewed on TV with Lou Holtz and Steve Spurrier. Show up for interview in UGA gear. Start fight by mimicking Lou’s speech and posting on the jumbotron behind us my Greyson Lambert autographed picture of shirtless Spurrier holding a can of Coors Light.
      (10) Ride off into the sunset a UGA legend, Jake Scott style…

      Liked by 3 people

  7. Leggo5

    My memory isn’t what it used to be, but didn’t we run into the reverse situation with Richt? I thought Richt never signed his contract extension which would’ve put UGA on the hook for a larger buyout. Then, instead of only paying the previously agreed upon lesser buyout amount, UGA honored the unsigned buyout agreedment and paid the larger amount. Am I misremembering that?

    Like

  8. Hogbody Spradlin

    2 million dollars here, 2 million dollars there, and pretty soon your talking real money!

    Liked by 3 people

  9. 3rdandGrantham

    I read about this yesterday and my jaw dropped. I mean, how can you possibly be so incompetent? To me, the highlight of the overall arrogance here is the athletic director at South Carolina saying he was going to negotiate Muschamp’s buyout anyway with him – even with no amended agreement in place. Talk about being out of touch. I mean, seriously, the conversation literally would (and should) go something like this:

    “Hey coach, about your buyout – will you please take less money?” “We really screwed up by not having that agreement signed last year so we’re in a bit of a pickle. Sorry again for firing you and stuff.”

    Muschamp: “is this for real? The only thing I’m negotiating is which bank accounts you’re sending the money to. Bye.”

    Liked by 1 person

  10. Clearly the DocuSign email went into the Spam folder. And thus began the fall of our civilization…

    Liked by 2 people

  11. PTC DAWG

    An unsigned contract is not a contract.

    Like

  12. practicaldawg

    “Tanner said getting a bargain salary-wise wasn’t a factor in the hiring [of Beamer]. ‘Absolutely not,’ Tanner said.”

    In his first year, Beamer will make barely more than the $2M Tanner let slip through his fingers by not getting around to signing that amendment.

    https://www.goupstate.com/story/sports/2020/12/09/south-carolina-ad-ray-tanner-reveals-how-shane-beamer-became-new-football-coach/6445774002/

    Like

  13. Munsoning

    (Sung to the tune of “Que Sera, Sera”)

    When I was just a little boy
    I asked my father, what will I be.
    Will I be stupid, but
    Will I be rich?
    Here’s what he said to me:
    Be a football coach
    Or an AD, AD.
    The future is mine to see.
    Be a football coach,
    Or an AD, AD.

    Like

  14. 69Dawg

    This may sound a little condescending but this is what you get when you hire a former coach to be the AD. He has to depend on his subordinates to a greater extent than even someone who might have a law degree or even a MBA. Lets face it Jimmy Sexton should have been arrested long ago for dueling with defenseless ADs. He has bleed more AD’s than the Red Cross.

    Like

  15. Dylan Dreyer's Booty

    Addressing Professor Alexander’s argument: it originates in the common law which is the foundation of pretty much all of the law of all the states except Louisiana. I do not know SC law, but in general, particularly in states east of the Mississippi, a statute has to be pretty particular to overrule common law. I would bet that a written memorandum and subsequent performance is probably binding.

    However, I want to focus on the first question asked: “Is there a competition to be America’s dumbest college athletic director that no one told me about?”
    Let’s assume for giggles that there is such a competition. What are the current rankings? There are three or four at Tennessee from the last decade that have to be in the top 20. And as much as he pisses me off from time to time, I don’t think ADGM would be in the worst 20. What say ye?

    Like