In his Jan. 12 third amended petition filed against Texas Tech University, Mike Leach, the school's former football coach, brings a number of claims against his former employer, including breach of contract, wrongful termination, defamation, fraud in the inducement and negligent misrepresentation. Leach, a graduate of Pepperdine University School of Law, also alleges Texas Tech violated the Texas Whistleblower Act and his constitutional right to due process, among other things. In his petition in Mike Leach v. Texas Tech University, filed in the 99th District Court in Lubbock County, Leach minces no words when talking about Texas Tech wide receiver Adam James; the player's father, ESPN’s Craig James; and Texas Tech Chancellor Kent Hance. But Leach also singles out lawyer Charlotte Bingham, who is the director of Texas Tech's Office of Equal Employment Opportunity. In his petition, Leach alleges that Hance "instigated an investigation" conducted by Bingham after Hance called Leach on Dec. 19, 2009, and told the coach he had received a complaint from Craig James saying "his son was forced to play before his concussion had healed." In his petition, Leach asserts that he never forced Adam James to play or practice against doctors' orders. Leach alleges that "several Tech officials advised Leach" that Bingham's investigation "was simply to ensure that the University had some evidence in its files that it investigated the complaints." Leach alleges that Guy Bailey, Texas Tech’s president, "advised Leach that while the investigation was no big deal, he (Bailey) was concerned that Kent Hance was going to 'railroad Leach' because Hance and Craig James were in business together. Consequently, Bailey had his assistant attend the investigation interviews conducted by Ms. Bingham, who worked for Hance's office." Leach adds in his petition that "Ms. Bingham advised Leach that this was just a routine investigation to protect the University in case the James family sued the [school]." But by Dec. 22, 2009, Leach alleges in his petition, Hance had called Leach to tell the coach that Texas Tech Board of Regents members wanted to fire Leach. By Dec. 27, 2009, Leach alleges, Bingham left a voicemail for Leach's representative saying, "to the effect, ‘This thing is heating up. There are outside forces affecting the situation that I can't control.' " By Dec. 28, 2009, four days before Texas Tech won the Alamo Bowl, Leach alleges he received a call from the university athletic director telling him he was suspended. As alleged in Leach's petition, Texas Tech vice chancellor and general counsel Pat Campbell advised Leach's representative on Dec. 29, 2009, that if Leach sought a hearing on a temporary restraining order to halt his suspension, he would be terminated. Leach’s lawyer advised Texas Tech that the coach intended to proceed with the TRO hearing, and the university produced a letter terminating Leach on Dec. 30, 2009. Dicky Grigg of Austin’s Spivey & Grigg, who represents Texas Tech along with the Texas Office of the Attorney General, writes in a statement that Leach’s petition “contains numerous falsehoods and gross inaccuracies.” In a prepared statement, Hance writes that he does not have and has never had a business relationship with Craig James. Bailey writes in a statement that Leach’s statements attributed to him are “patently false. It appears to me that this latest filing is nothing more than a desperate attempt to deflect the focus from Mike Leach’s irresponsible treatment of an injured student athlete and Leach’s insubordination.” Campbell did not return a telephone call seeking comment. A call to Bingham's office was referred to Texas Tech spokeswoman Sally Post. Ted Liggett of The Liggett Law Firm in Lubbock, who represents Leach, did not return a call seeking comment.
-- Miriam Rozen
Good stuff as per usual, thanks. I do hope this kind of thing gets more exposure.
Posted by: red bottom | November 10, 2011 at 05:38 PM