KU blames Beaty for ‘several hundred thousand in legal fees,’ unsealed documents say
Newly unsealed documents highlight Kansas Athletics’ argument against paying former football coach David Beaty’s $3 million buyout, while also revealing that KU’s athletic department has reported spending “several hundred thousand in legal fees” regarding the matter.
In addition, a filing by Beaty’s legal team claims that KU Athletics did not have the money to fire Beaty and then hire new coach Les Miles.
The previously closed documents were made public late last week by U.S. District Court of Kansas Judge Kathryn Vratil. They included a 66-page memo from KU Athletics responding to a motion from Beaty’s lawyers, in which the athletic department laid out its main points in arguing it stands on firm legal ground while electing to fire Beaty with cause contractually — more than one year after athletic director Jeff Long initially told Beaty he was being fired without cause.
The distinction is important, as firing Beaty with cause potentially gives KU grounds to not pay Beaty his buyout.
KU’s case against paying Beaty is described in the NCAA’s amended notice of allegations sent to the school. The NOA claims former KU video coordinator Jeff Love participated in “technical and tactical instruction” with players. Specifically, Love met with the quarterbacks six to 10 times and provided instruction, including the sending of educational videos through text messages.
NCAA rules prohibit non-coaching staff members from instructing players, and as a result, KU self-reported two Level II violations: one for Love’s involvement, and one for Beaty not properly monitoring his staff. The NCAA classifies violations on three tiers, with Level I being the most severe.
KU, in a memo dated Jan. 31, 2020, argues that because it did not learn of Beaty’s potential violations until after he was fired without cause, it was in the right to change that distinction.
“Indeed, here, Beaty allowed and encouraged NCAA violations that have resulted in several hundred thousand in legal fees for Kansas Athletics,” KU’s lawyers wrote. “Beaty should not be rewarded for managing to avoid getting caught until after Kansas Athletics terminated him without cause.”
Also included in the unsealed documents were multiple transcripts, which included KU-led interviews with former offensive coordinator Doug Meacham, former assistant video director Cooper Flower and four KU quarterbacks.
Flower, who was at KU for one season, brought up Love’s involvement with the quarterbacks to KU’s compliance department during her exit interview. KU’s interviews with four quarterbacks — including current players Miles Fallin and Miles Kendrick, along with former players Peyton Bender and Carter Stanley — also were made public, with each of them speaking to early-morning group meetings that took place while Love was still a video coordinator; Kendrick, Fallin and Bender also mentioned instances when Beaty briefly sat in on those Love-led sessions.
Meacham provided context for what was taking place during his KU interview. He said his “Air Raid” philosophy on offense was more like that of Mississippi State coach Mike Leach — that is, more dependent on quarterbacks reading their receivers as opposed to the defensive coverage. Meacham said Beaty, meanwhile, wanted his quarterbacks to learn more about defensive structure while making reads, with Love having expertise in that field. Meacham said that Beaty suggested he and Love work closer together, but in the end, Meacham believed he was being undercut by both.
Another notable detail from KU’s motion response: It claims Beaty chose not to appeal when KU changed his firing to “for cause” on Nov. 21, 2019. Had Beaty done that, his challenge would have been sent to a three-person hearing board — with two of those members coming from KU Athletics’ Board of Directors — who then would report findings to KU chancellor Douglas Girod, who would have made a final, binding decision on whether Beaty’s “for cause” firing was warranted.
In a court filing last week, Beaty’s lawyers maintained their client did not break any NCAA rules and that the NCAA has not alleged that he was directly involved in any prohibited conduct.
The same filing, which has several redactions, also said that Beaty’s lawyers have testimony indicating that Long and others were wearing microphones during the filming of an ESPN+ documentary about Miles in which they openly discuss Beaty’s firing. Beaty’s lawyers are seeking unaired footage of the “Miles To Go” program.
The filing also says that KU fired Beaty because it didn’t have enough money to pay Beaty and Miles. KU Athletics, according to the filing, decided to go on a fishing expedition against Beaty and found only a “mitigated head-control violation that it has intentionally overhyped to the NCAA.”
Beaty’s support for the claim is redacted in a footnote, suggesting the information is either confidential or sealed.
KU football, under Miles’ watch, received a Level III violation on Jan. 30 in an amended notice of allegations from the NCAA. That charge is that during spring and fall practices in 2019, two KU non-coaching special teams staff members “occasionally participated in on-field activities and assisted with football drills. Additionally, and on a limited basis, the two special teams analysts participated in on-field practices by providing technical or tactical instruction” to players.
All KU’s football violations in the amended NOA — the two level II infractions during Beaty’s tenure and the Level III violation — were self-reported by KU.
Last month, U.S. Magistrate Judge Gwynne E. Birzer ordered KU Athletics to turn over evidence to Beaty’s lawyers regarding how the athletic department treated and handled previous coaches accused of committing NCAA infractions.
Beaty is suing KU for the $3 million remainder of his contract.
