MORGANTOWN -- After seven bitter months, an agreement has been reached between West Virginia University and former head football coach Rich Rodriguez, a lawyer for the school said today.
Tom Flaherty said the agreement calls for the university to receive all of the $4 million that Rodriguez agreed to pay the school if he left his contract early.
Flaherty said the settlement was reached between lawyers for both sides and a mediator just before midnight.
The full WVU Board of Governors approved the terms at an emergency meeting today, according to a news release issued by the university.
Flaherty said the board members were informed of the status of the negotiations at the board's meeting Tuesday.
Rodriguez's lawyer, Marv Robon, could not immediately be reached for comment.
Flaherty maintained today that he was confident the case would not have made it to trial, but that the judge in the case would have decided in WVU's favor as a matter of law.
"I think that the settlement is in the best interest of everyone," Flaherty said.
Gov. Joe Manchin today hailed the announcement.
"If everything we're hearing is true, then I commend the university, its attorneys, the board of governors and the athletic department for receiving a commitment for payment of the full $4 million," Manchin said. "I am happy that this seems to be coming to a conclusion and believe, as I'm sure many other West Virginians do, that with this agreement in place, it's now time to move on."
Rodriguez will pay $1.5 million in three annual payments beginning January 2010, Michigan said in a statement Wednesday. His new employer will pay the other $2.5 million by the end of July and cover Rodriguez's legal fees.
"To help Rich focus on the challenges ahead, we have worked with him to resolve the dispute between him and West Virginia University over the terms of his buyout,'' athletic director Bill Martin said. "Although he continues to disagree with the validity of the terms, Rich and the rest of us at Michigan felt that it would be best to get this distracting issue behind us.'' Rodriguez's contract called for him to pay the $4 million in three installments - the last of which was due in January 2010. His first payment was due in January 2008 - after leaving WVU on Dec. 16 to take the head coaching job at the University of Michigan.
The coach's contract at WVU, signed in August 2007, wasn't set to expire until Jan. 15, 2014.
The agreement on the lawsuit comes after a couple days of late night, intense talks initiated by the Rodriguez side, Flaherty said. And it comes on the heels of some aggressive legal moves and one major court victory for the university.
The school's lawyers in its lawsuit against Rodriguez over the $4 million buyout clause were scheduled to be in a Michigan courtroom this afternoon as they attempted to depose the president and athletic director from the University of Michigan.
A Michigan judge was expected to rule on a petition WVU filed to issue subpoenas to Michigan President Mary Sue Coleman and Athletic Director Bill Martin.
WVU attorney Jeff Wakefield said the legal route became necessary after previous requests for Coleman and Martin to voluntarily subject themselves to depositions were denied.
"They took the position that they don't possess any knowledge or any information relevant to the lawsuit," Wakefield said. "We think otherwise. Obviously, there were meetings between the athletic director and the president and Mr. Rodriguez and his representatives before Mr. Rodriguez accepted their job offer."
WVU continues to work on dates to depose Rodriguez's wife, Rita, and financial advisor, Mike Wilcox.
Flaherty said Wilcox was to be served a subpoena today in Ohio. Previous depositions for both were canceled because of mutual scheduling conflicts.
WVU also wanted to depose former video coordinator Dusty Rutledge, who is now an administrative assistant at UM.
Depositions have revealed Rutledge overheard the conversation between Rodriguez and Garrison at the Blaney House the night before Rodriguez resigned. Rutledge has publicly opposed Garrison's rendition of the conversation. Wakefield said WVU is interested in finding out exactly what Rutledge knows in sworn testimony.
No recording of the conversation exits.
"We have asked repeatedly in written discovery requests if there are any recordings Mr. Rodriguez and his representatives have or are or aware of and they have repeatedly denied that there are any," said Wakefield, who added a recording would be inadmissible if one suddenly appeared.
Rodriguez claims he was fraudulently induced into signing his contract when Garrison promised to remove or reduce the $4 million buyout. WVU disagrees and disputes Rodriguez's assertion he was forced out. The attorneys believe they can prove Rodriguez wanted to leave and take the job at UM, which is where Coleman and Martin come into play.
"We can demonstrate he wasn't forced out at WVU and he took the Michigan job because that's what he wanted," Wakefield said. "We hope to find out what President Coleman and Athletic Director Martin know and we want to know what discussions occurred about Mr. Rodriguez's contract with (WVU), in particular the provision in the contract that required him to pay the $4 million liquidated damages clause."
Rodriguez's agent, Mike Brown, said in his deposition he contacted Michigan first on Dec. 11. A meeting with Rodriguez and Coleman and Martin followed three days later in Toledo, Ohio. WVU believes part of the negotiations included an agreement between Rodriguez and UM that would require the school to handle some or all of the $4 million, which would then prove Rodriguez knew he was legally bound to that provision.
Monongalia Circuit Court Judge Robert Stone ruled last month that Rodriguez was to submit unredacted drafts of the term sheet he signed with UM. WVU believes blacked-out portions of the draft explain how UM will address the buyout.
The drafts were due Tuesday. WVU didn't have them late Tuesday night, but was aware of what the drafts contained.
--Contact sportswriter Mike Casazza at mi...@dailymail.com or 319-1142.
