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Buyouts and Basketball: The Reax

Yesterday, I wrote a strong negative opinion about the University of Kentucky paying $50,000 to the University of Massachusetts to avoid playing the return game of a home-and-home 2-year series next year.  Today, there are many more opinions than mine.

First, though, it's time for me to eat some crow.  Please pass the Tabasco®, I like mine Cajun style.  In the comments section of my post of yesterday, I said that I believed the $50K payment to be liquidated damages for breach of contract, or a penalty clause.  Both are apparently wrong, as it seems clear by reading subsequent articles that this was an actual optional clause that UK was completely within its rights under contract to exercise.  That makes me just another in along line of object lessons about what happens when you "assume" things -- you wind up with feathers in your teeth.

With that having been said, it doesn't change my opinion one whit that UK has acted unethically -- not because it breached a contract, that clearly didn't happen, but because it apparently gave UMass assurances that the game would be played and that it would not exercise the buyout provision, only to pull the rug out from under it late in the game.

But let's give UK a chance to defend itself, and surprisingly, this comes from the Louisville Courier Journal.  This article goes into detail about how and why the decision was made.  Over to you, Mitch Barnhart:

Barnhart, who noted that UK hadn't bought its way out of a game in his five years as athletic director, said he understands UMass' lament but defended UK's decision.

"I'm trying to give (Gillispie) every opportunity to get off to a successful start here at Kentucky," Barnhart said. "That may not sit well with everybody, and this isn't something I wanted to do, but it's what I felt was best for our program. I don't feel good about it, but I do feel like I've done the best thing I can do to protect our program."


I think most of you can predict what I will have to say about this comment.  In the first place, it is downright laughable to suggest that the UMass game will have a perceptible difference on our "opportunity to get off to a successful start". If Barnhart thinks we have fallen that far, he should resign, not because of failure to perform his duty, but because he is so out of touch with reality.  

But more importantly, I believe that when you give your word, you should keep it, even if it means that you might be risking "what is best for our program", if you can get past the obvious absurdity of such a suggestion in this context -- I mean seriously, we are talking a game with UMass here.  I believe you put your word before business considerations this trivial.  I guess I am old-fashioned that way.

Eric Crawford, whom I (and many others who read this blog) have been critical of, sees it this way:

UK's decision to pay a $50,000 buyout rather than play a return game against the Minutemen is business as usual in college sports, but that doesn't make it good business. Especially when UMass is coached by Travis Ford, a former UK standout. A lot of programs back out of games. Ford apparently didn't think his alma mater was like everybody else.

Folks, I don't know about you, but this one stings, and rightly so.  Crawford doesn't see it in the more stark terms I do (God, I could use a good dose of utilitarianism), but we are more in agreement than disagreement.

Crawford goes on to point out that when it comes to buying out games, UK isn't even close to it's rival down I-64:

Some perspective. Folks around here won't need reminding that when Rick Pitino took over at U of L, he bought out of a series with Nevada Las Vegas and a return game to Western Kentucky, got out of a series with San Diego State, pulled out of the Great Alaska Shootout and got Miami to delay a home-and-home series. U of L has offered more buyouts than the newspaper industry.

Some people would say, "See, everybody else does it so it's OK for us to do it!"  Golden Rationalization, anyone?  Frankly, the fact that Pitino did it at Louisville might be the strongest argument of all as to why UK should not do it -- ever.

Ryan Ferguson at the AOL Sports Blog (Full disclosure:  Ryan is AKA "GatorPilot" around here and at Orange and Blue Hue) links my earlier commentary .  He also links this commentary from Matt Jones, who couches it as a pure business decision:

Kentucky honored its business and contractual obligations in ending the deal with UMASS. However it went about its decision in a way that leaves some Kentucky fans (including me) a little queasy. Travis Ford gave a lot to the program and it is a shame that this business decision will have a negative effect on his new program. However, under Billy Clyde the rules have changed. It is a new era in Kentucky basketball and the old ways of doing business have been altered for a new focus on producing a top-notch product on the floor. In so doing, there are going to be some feelings hurt and some toes stepped on. We love Travis, but playing at UMASS was not in Kentucky's best interests....and from now, on for good and for bad, those interests will be priority #1.

I love Matt, and I think he speaks for a number of UK fans with this comment, but he should know better.  He is basically saying that Kentucky's success at basketball is more important than honesty in our business dealings with other schools, or ... well, anything at all.  In fact, he even denies UK broke it's word, just because it didn't break the contract.  Really?  Then what could the Boston Globe article I linked earlier have meant by "assurances the game would be played?"  

This is lawyer-speak for "if it ain't written down, it don't exist".  Try telling that to your wife after you get caught having a little "don't mean a thing" affair on the side, and see how far that flies.  Ethical behavior is far more than living up to the minimum standard of not breaking a contract.

If what Matt means by "the old ways have changed" is that the class and ethics of the former coach is going to be sacrificed on the altar of basketball "success", I will be writing a lot more screeds like this one.  One thing is for sure, there won't be a lot of hand-wringing over ethical issues by fans adopting this "Devil take the hindmost" attitude.    If the coach actually adopts this philosophy (and hopefully he won't), can another FEDEX package be far behind?

Well, at least Larry Vaught agrees with me ...

The UMass AD is also questioning Kentucky's ethics.

Chris Diggs weighs in and thinks it was a bad move for UK.

CSTV thinks it is worthy of the front page of their basketball section.

0 recs  |  Comment 14 comments

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Money
I think you have a very well thought out argument on this. I think that they can give all the reasons that they want but what it comes down to is probably a financial decision by the athletic department. They have to pay for that new private jet some way.

Overall I feel it is a bad decision to exercise this option of the contract. It is bad to burn bridges. It may come back to bite us in the long run with a nation wide recruiting base. I like to feel proud of being a UK fan, regardless of where I go around the country. Decisions like this put a big dent in the respect others have for our program.

by cthom on May 22, 2007 9:22 AM EDT reply actions   0 recs

Yeah ...
I'm afraid you are right.

But in all honesty, this too shall pass.  In my opinion, it was a mistake, and UK is getting the criticism they deserve.

It's pretty clear from the articles I've read that UK expected to get heat from this decision.  I just hope we see better ones in the future.

by Truzenzuzex on May 22, 2007 9:36 AM EDT up reply actions   0 recs

what if
UMASS wasn't coached my Travis Ford? Is his connection to UK a reason why people are upset? Ford is the only reason why we ever agreed to play them in the first place...to help him get a marquee matchup. The game doesn't do anything for UK. I understand the views stated above and in the other post that we shouldn't have cancelled and I agree. We should have played this game, especially because UMASS is really no threat. I think people (read: Andy Katz) have blown this way out of proportion. I'd be much more upset if we cancelled our games with UNC, IU, or U of L because that would make it seem like we were scared and it would lower our stature among the elite. This doesn't bother me nearly as much.
GO BIG BLUE!! GO BIG BLUE!!

by UKWildCatFanatic on May 22, 2007 10:49 AM EDT reply actions   0 recs

Obviously ...
that is a factor for some people, and even for me.  It is irrelevant to my ethics criticism, but let's face it, as a UK fan, I hate to see one of our ex-players get the shaft as a coach.

I think Travis is pretty bent about it, too.

by Truzenzuzex on May 22, 2007 10:54 AM EDT up reply actions   0 recs

i know it has nothing
to do with your views on how it was unethical. while i agree with you that UK should have played this game whether or not there was a buyout clause in the contract, i'm hesitant in labeling barnhart or the program as unethical.

i was just wondering if the response to this would have garnered as many articles, posts, and comments if we had cancelled against the university of new hampshire (i'm assuming there's no UK connection there).

GO BIG BLUE!! GO BIG BLUE!!

by UKWildCatFanatic on May 22, 2007 11:41 AM EDT up reply actions   0 recs

Well, I would be damn hesitant ...
to label Barnhart or the program as unethical, also.

What I am saying is that they committed an ethical breach with UMass.  That doesn't make UK evil, or automatically ethics-free.  It was one instance, and should be treated as such.

To UK's credit and in their defense, it is not as though they do this all the time -- they obviously don't.

And in answer to your question, I can only speak for myself.  I certainly would have made exactly the same comments.  Others?  I have no idea, but I am thinknig some would have.

by Truzenzuzex on May 22, 2007 1:06 PM EDT up reply actions   0 recs

i think
i may have twisted your words in my head. obviously saying this was a (one-time) unethical move doesn't make barnhart or the program unethical. that was an extrapolation on my part that was wrong.

i do agree with you, tru, about whether i'd feel the same if we cancelled on any other team. It's not something I liked seeing UK do.

But it makes me wonder what Katz's underlying motives are...gmaes are cancelled all the time, and this was done within the framework of the contract. Why shine the spotlight on UK? To me, it couldn't be more obvious that he has it out for Kentucky. I just wish I knew why.

GO BIG BLUE!! GO BIG BLUE!!

by UKWildCatFanatic on May 22, 2007 2:26 PM EDT up reply actions   0 recs

Check this out ...
somebody just brought this to my attention  -- look at the poll on the bottom right.

"Forced?"  Man, this is getting weird.  Do they wanna force everyone else who's ever bought out a game to play it, or are we just talking UK here?

Just psycho.

by Truzenzuzex on May 22, 2007 2:43 PM EDT up reply actions   0 recs

it's ESPN
so of course they just meant UK. this is getting ridiculous. they're going on about this like it's never happened before. like crawford pointed out, pitino has a habit of doing this.

as much as i hate all the negative stories, i  also want to say "keep piling on" only because you know it's not going to stop. i'd like to see this foster an us against the world mentality, and i can see CBCG taking advantage of everything being written to bring all the players together.

i can't wait to return to the mantle of perrenial contenders...it can't come soon enough.

GO BIG BLUE!! GO BIG BLUE!!

by UKWildCatFanatic on May 22, 2007 3:05 PM EDT up reply actions   0 recs

UMASS
I dont think decisions like this put a dent in how anyone but UMASS feels about us. The rest of the country DOES NOT CARE. Other schools do this all the time so know one else is even paying attention other that UK fans. The only reason UK fans are in such a turmoil about it is because of Andy Katz. ANDY "I hate UK and am desperate for readership so I will find any way I can to bash the program and produce hits for my pathetic drivel" KATZ. If it wasnt for him this would be a blurb in Jerry "Im a hack" Tiptons notebook on Sunday morning.
 

by davw83 on May 22, 2007 11:00 AM EDT reply actions   0 recs

Come on
This is all ridiculous. College basketball is a business---a business! What is the purpose of a buyout clause if a program cannot use it. Buyouts are an everyday occurence in college basketball--it is a business. Cthom is right, it is a financial decision ( and a good one at that) because this is a business. Barnhart is the CEO of this company and he made, what he believed to be, a sound decision. I think too much is being made of this situation. It's almost like the jury on Survivor being mad because one of the finalists lied to them. Come on, its a freaking game for a million dollars. People relax and enjoy our new coach and the direction our program is going.

by Sandman on May 22, 2007 11:02 AM EDT reply actions   0 recs

Ethics of Smith?
So what about the ethics of Smith?  According to the linked article, it was he (and his staff) who assured UMass the game would be played.  Yet, he didn't stick around to keep his "promise".  If there was an ethical lapse, it was by him.  If he is going to make assurances that go beyond written contracts, it's up to him to fulfill them, IMHO.  Maybe UMass can host Minnesota to fill its scheduling gap.  8')

From what I can read from the article, it doesn't seem like that assurance was given by anyone currently on the UK staff.  Did they even know about it?  Is Mitch obligated to honor a departed coach's unpublished verbal assurances that go contrary to a written contract?

Still, I think it was rude and an unworthy treatment of a former 'cat.  Saying it was unethical goes a bit too far, however.

Is one home game worth it?  I don't think so.

by EEWildcat on May 22, 2007 11:26 AM EDT reply actions   0 recs

That's a fair question ...
and as usual, I have a good answer.

Smith committed no ethical breach.  At the time of the contract negotiations and at all times prior to his departure, he was empowered by the University of Kentucky to act on it's behalf.

Smith could not make "promises" as a person.  To the extent he represented to UMass that we would honor the commitment, if it was actually him and not Barnhart, he was acting on behalf of the University of Kentucky pursuant to the directives and policies of the UK athletic department, not Tubby Smith.

by Truzenzuzex on May 22, 2007 1:11 PM EDT up reply actions   0 recs

I agree with Tru on this one....
While it may have indeed been a business decision, this was a very unclassy move on UK's part.  This has just given ESPN and other UK detractors more ammunition in their intense dislike of us.  

We have already played our home game.  We should return the favor.  No doubt about it.

Travis Ford is a great person and coach and still bleeds blue 100 percent except when his team UMass plays against us.  Thus even more reason to go ahead and play the game.

And I have to disagree with the notion that UMass would have been an easy win for us.  They are pretty doggone good right now.  And with them playing in their own backyard this game would have been very difficult for us to win.  

I can see UK's side of the issue but at the same time understand why UMass is upset.  They played us here and lived up to their end of the bargain.  We should have done the same no question about it.

Yes, technically and in the eyes of the law we did nothing wrong.  That still doesn't make it ethically right.  Travis Ford deserves better.

by ukcatfan191 on May 22, 2007 12:09 PM EDT reply actions   0 recs

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