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:
"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:
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 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:
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.
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14 comments
Comments
Money
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 ...
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
by UKWildCatFanatic on May 22, 2007 10:49 AM EDT reply actions 0 recs
Obviously ...
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
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).
by UKWildCatFanatic on May 22, 2007 11:41 AM EDT up reply actions 0 recs
Well, I would be damn hesitant ...
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 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.
by UKWildCatFanatic on May 22, 2007 2:26 PM EDT up reply actions 0 recs
Check this out ...
"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
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.
by UKWildCatFanatic on May 22, 2007 3:05 PM EDT up reply actions 0 recs
UMASS
by davw83 on May 22, 2007 11:00 AM EDT reply actions 0 recs
Come on
by Sandman on May 22, 2007 11:02 AM EDT reply actions 0 recs
Ethics of Smith?
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 ...
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....
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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