What Maryland Can Do with DJ Durkin -An Employment Contract Analysis

During a preseason workout, University of Maryland redshirt freshman offensive lineman Jordan McNair collapsed after a conditioning test comprised of ten 100-yard sprints (a.k.a. "suicides," a common athletics drill). From there, he was hospitalized and died two weeks later from heatstroke complications. Exactly what happened on the field during training that day and exactly who was on the field overseeing the workouts is currently under investigation.

The reports so far contain a lot of alleged details, but we will not know more of the full story until the investigations are complete. What we do know comes from a Tuesday press conference [see full transcript], UMD President Wallace D. Loh and Athletic Director Damon Evans stated that McNair's treatment did not include cold-water immersion and that "care we provided was not consistent with best practices." Moreover, Loh went on to say that they met with McNair's family to apologize and take "legal and moral responsibility" for what happened leading up to their son's death. We also know that Maryland Head Football Coach DJ Durkin, along with three of his staff members, were placed on administrative leave and that strength and conditioning coach Rick Court, the man who was running the workout, officially received the boot.

There could be many components at play here that we, unfortunately, need to wait to truly find out: any signs of struggle earlier in the workout; whether proper protocol was followed by the coaches, including those for precautions under certain conditions and medical guidelines for attending to any resulting injuries; whether Durkin was aware of the workout conditions; whether Durkin was aware of any protocols not being followed; whether Durkin was there when it all went down (according to reports, he was there); and whether McNair had any pre-existing health conditions that people were unaware of could also come into play in determining how toxic the football culture at Maryland is under Durkin's watch.

So, what can Maryland do with DJ Durkin, from a legitimate legal perspective?

To figure this out, let's (a) go over why we are focusing on the exact terms of Durkin's contract with Maryland, (b) highlight a few sections that may be triggered in determining what will happen with Durkin's employment status, & (c) use those sections to support the three potential scenarios - firing with "cause", firing without "cause", or keeping him.

What OSU Can Do With Urban Meyer - An Employment Contract Analysis

Ohio State University is the latest entity trapped in the knotted-up business ethics & moral dilemma of what to do with a person of high authority who could have known about domestic violence allegations against a staffer and failed to do what he was supposed to do. Yesterday afternoon, OSU placed head football coach Urban Meyer on paid administrative leave while the university conducts an investigation into the issue at hand - whether Meyer knew about the domestic violence allegations against his former wide receiver coach, Zach Smith, by his ex-wife Courtney Smith and failed to follow the university's protocol according to the terms of his employment.

Expect a resolution very quickly. The football team starts practices in a few days, and when someone is placed on paid administrative leave, that is a pretty good sign that the parties involved are negotiating terms of separation. Here, it is uncertain at this time whether OSU interprets Meyers possible behavior as violating the terms of his employment. Furthermore, that would absolutely influence how OSU goes about any separation discussions, but at the same time, it would be understandable that both parties want to handle this and move forward in a swift, adequate fashion.

Game of Amateurs, Season 148, Episode 9: Battle of the OSUs

I know what you are thinking. "Why would I care about anything related to Ohio State?" Ok, my Wolverine ego may be slightly kidding, but in all seriousness, this trademark question is significant because the outcome can affect other universities. For example, what if in addition to the list of registered marks like the Standalone Block M, the University of Michigan attempted to file an application for "U of M" or "UM" to be a federal registered trademark (®) rather than asserting that it is merely a protected trademark that is not registered (™)?

In a world where college athletics is undeniably a business - a BIG business, at that - and where the NCAA itself has trouble justifying its own regulations, laying down the law on who can do what actions (that, FYI, all come down to making money) and where they can or cannot do those actions lawfully will have inevitable consequences. For those of you who have not heard, Ohio State filed an application with the United States Patent and Trademark Office (USPTO) for "OSU" to receive federal trademark protection back in February. Specifically, Ohio State wants to register its trademark to protect against unlawful uses on apparel. Each portion of the application information below is meaningful. So, take note, because we will define trademarks, draw out their metes and bounds, speculate on why Ohio State would file an application with the United States Patent and Trademark Office (USPTO), and demonstrate how the Battle of the OSUs can impact the business of college athletics.

Ohio State & Others React to O'Bannon Pressures by Limiting Jersey Sales

If - heaven forbid - you desire to purchase an Ohio State University football jersey this season, your options will be limited. Very limited. By "limited," I honestly mean you will only be able to buy either #1 or #15. OSU told Nike to only produce jerseys with these two numbers, and retailers can only sell jerseys with these two numbers.