MORGANTOWN -- Tucked away within the revelation he did in fact discuss buyouts and alternatives with his former football coach was West Virginia University President Mike Garrison's denial he ever suggested splitting the $4 million fee.

It was more than a denial to WVU attorneys, though. It was disarmament.

They believe the repeated mention of a split by Coach Rich Rodriguez and his agent and attorney can be neutralized by evidence of a deal that may have been struck with the University of Michigan to handle some or all of the liquidated damages clause.

In his June 12 deposition that went public Monday, Garrison, who will resign the WVU presidency Sept. 1, admitted being open to other options than a liquidated damages fee, but denied ever telling Rodriguez he was against buyouts.

"I'm sure at some point I did say to Mr. Rodriguez ... that I would like the University to look at other options besides liquidated damages provisions, if they fit the circumstances," Garrison testified.

He was pressed by Rodriguez's attorney, Marv Robon, who asked if there ever had been an agreement to "split the difference at $2 million" if Rodriguez were to leave WVU for another job.

"I did not say anything similar to that," Garrison said. "... I had discussions with Mr. Rodriguez about options or alternatives to liquidated damages clauses. And I conveyed to him that in future contracts, in contracts that would come after this contract, that I would be pleased to explore other options and opportunities."

Garrison said a split was never proposed, but WVU attorneys do not want that point to disappear.

In depositions given by Rodriguez and his agent, Mike Brown, they said Garrison proposed a split before the contract was signed. However, WVU believes copies of a terms and conditions agreement that Monongalia County Circuit Court Judge Robert Stone last week ordered Rodriguez to turn over to WVU will prove he struck a deal with UM to address the buyout, thereby indicating he knew there would be no agreeable split with WVU.

In essence, it would disable one of Rodriguez's strongest arguments in his claim of fraudulent inducement.

"He said in his deposition and so did Mike Brown in his, and his side has said so in various papers filed this case, that on Aug. 25, 2007, President Garrison allegedly told him, 'Don't worry about the $4 million liquidated clause. If you want to leave, the lawyers will get together and split the difference,'" WVU attorney Tom Flaherty said.

"President Garrison denies that and it's certainly relevant because why would he be telling the University of Michigan three-and-a-half months later that something needs to be written into the term sheet to deal with the liquidated damages clause?"

Rodriguez was instructed June 23 to turn the documents over with 15 days. Depositions must also be taken from Rodriguez's wife, Rita, and financial advisor, Mike Wilcox, soon. Rita was to be deposed Tuesday and Wilcox July 10, but mutual scheduling conflicts prompted the change. The sides are set to meet in court-ordered mediation Aug. 1, though it could be simply ceremonial.

"The mediator has no power to make anyone do anything if they don't want to," Flaherty said. "Mediation has become an effective way to facilitate an agreement in disputes, but it is not binding at all."

--Contact sportswriter Mike Casazza at mi...@dailymail.com or 319-1142.