Times: No resolution between Leavitt, USF after lawyers meet

[USFishin]

No resolution between Leavitt, USF after lawyers meet

By Greg Auman, Times Staff Writer

Published Monday, February 22, 2010

TAMPA — Attorneys for USF and former Bulls football coach Jim Leavitt met for nearly six hours in mediation on Saturday, though no resolution has been reached between the university and its coach of 14 years, his attorney said Monday.

Leavitt was fired by USF on Jan. 8, after the university concluded that "serious violations" of its conduct code were violated when an investigation ruled that Leavitt grabbed walk-on Joel Miller by the throat and slapped him twice in the face during halftime of USF's Nov. 21 game against Louisville, then lied to investigators and interfered with USF's investigation into the incident.

USF has moved on, with new coach Skip Holtz now on the job more than a month, but Leavitt's attorneys argue that the three-week investigation into the incident, which interviewed 29 people, was not thorough enough.

"USF represented to the entire nation that their investigation was 'fair and thorough,' " attorney Wil Florin said Monday. "Suppressing the full eyewitness account of an on-duty law enforcement officer favorable to Coach Leavitt is not fair. Not interviewing and then ignoring the eyewitness account of another eyewitness only a few feet away (Mike Durakovic) is not thorough."

Florin has a sworn statement from Florida Highway Patrol officer Benny Perez, who was in the locker room and saw the incident while working security for USF.

"I witnessed Coach Leavitt grab Miller's shoulder pads and attempt to motivate him. Coach Leavitt did not grab Miller's neck nor did he choke or strike Miller," Perez says in his statement, which is a stronger defense of the coach than what was summarized from him in the report from USF's investigation.

Leavitt's attorneys cite that as contrary to what USF athletic director Doug Woolard said in announcing Leavitt's firing, that the coach's account was "uncorroborated by credible witnesses." Durakovic, the parent of a USF player and volunteer with the team, also said he was there and defended Leavitt but was not interviewed by the university's investigation.

Will the continuing legal discussions between the two sides result in any settlement? Leavitt's attorneys are seeking more than the $66,667 contractually obligated to him for being fired "with cause." Had Leavitt been fired "without cause," he would have been paid more than $7.1 million, or 75 percent of what he would have made in the remaining five years on his contract.

USF spokeswoman Lara Wade declined to comment, citing Florida's statutory rules regarding mediation.

Link

[cmhatter]

surprising...

i figured they woulda paid him something to get leavitt out of their hair...

looks like USF is in for the long haul.... can't be good for CJL ;/

[cmhatter]

surprising...

i figured they woulda paid him something to get leavitt out of their hair...

looks like USF is in for the long haul.... can't be good for CJL ;/

LOL!  Let's see, the sworn testimony of a professional law enforcement officer or the ever changing testimony of a kid with a history of causing trouble.  I think the jury won't have a hard time deciding who to believe.

Cops are no different than regular people... they lie the same way. Maybe the guy really didn't see any incident... maybe he missed what happened? Coach Leavitt asked Joel for the same affidavit.  I'm not going to sit here and argue about the SAME THINGS we've been arguing about...

The bottom line is this:

The mediation failed and I can't see how that is positive for CJL... That means USF is ready to go to court basically... If USF is openly ready to take it to the court system you better believe they have something as well... Maybe their own set of affidavits? Maybe something else... I don't know... I am just very surprised that they didn't just pay the guy off and get it over with. It tells me that its all or none, Leavitt is either getting all of his money or absolutely none of it.

[mosthavenoidea]

+1000 The two state troopers that are with the team are never in the locker room and were not in the locker room during halftime of this game or any other game.  I'm assuming the cop is thinking of another incident outside the locker room or is just lieing to help out Leavitt

surprising...

i figured they woulda paid him something to get leavitt out of their hair...

looks like USF is in for the long haul.... can't be good for CJL ;/

LOL!  Let's see, the sworn testimony of a professional law enforcement officer or the ever changing testimony of a kid with a history of causing trouble.  I think the jury won't have a hard time deciding who to believe.

Cops are no different than regular people... they lie the same way. Maybe the guy really didn't see any incident... maybe he missed what happened? Coach Leavitt asked Joel for the same affidavit.  I'm not going to sit here and argue about the SAME THINGS we've been arguing about...

The bottom line is this:

The mediation failed and I can't see how that is positive for CJL... That means USF is ready to go to court basically... If USF is openly ready to take it to the court system you better believe they have something as well... Maybe their own set of affidavits? Maybe something else... I don't know... I am just very surprised that they didn't just pay the guy off and get it over with. It tells me that its all or none, Leavitt is either getting all of his money or absolutely none of it.

[Bull-by-Marriage]

Unless I can see the future, it was already reported that the trooper that he didn't see anything. The other guy (Durakovic) was asked why he didn't come forward earlier, and stated that he was busy. To me it seems that there is an agenda by some in the media, and it's not always anti-leavitt.

[Triple B]

From Dennis Dodd at CBS Sports...

http://www.cbssports.com/collegefootball/story/12963402/another-source-says-leavitt-did-not-strike-player?tag=globalNavNCAAF;headlines

A person identified as a Florida State Highway Patrol trooper close to former South Florida coach Jim Leavitt says Leavitt did not mistreat former walk-on Joel Miller, according to a document obtained by CBSSports.com.

Have we missed something?

[cmhatter]

From Dennis Dodd at CBS Sports...

http://www.cbssports.com/collegefootball/story/12963402/another-source-says-leavitt-did-not-strike-player?tag=globalNavNCAAF;headlines

A person identified as a Florida State Highway Patrol trooper close to former South Florida coach Jim Leavitt says Leavitt did not mistreat former walk-on Joel Miller, according to a document obtained by CBSSports.com.

Have we missed something?

hes still on the team and does not have a scholarship

[Triple B]

If USF is openly ready to take it to the court system you better believe they have something as well... Maybe their own set of affidavits?

If it goes to court, won't all those people with affidavits be called upon as witnesses .... subject to cross examination?

[Triple B]

+1000 The two state troopers that are with the team are never in the locker room and were not in the locker room during halftime of this game or any other game.

Then why interview him? .... Wouldn't a thorough investigation have known that and not wasted time talking to him?

[Triple B]

Unless I can see the future, it was already reported that the trooper that he didn't see anything. The other guy (Durakovic) was asked why he didn't come forward earlier, and stated that he was busy. To me it seems that there is an agenda by some in the media, and it's not always anti-leavitt.

Why on earth would Dennis Dodd have a pro-Leavitt agenda??