May 14, 2008
Rodriguez deposition released
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MORGANTOWN - Perhaps the most interesting part of the transcript of Rich Rodriguez's April deposition is not what is in it, but what isn't.

For the most part, the testimony of the former West Virginia football coach merely reaffirms and details his stance on most of the major issues regarding the disputed $4 million buyout clause in his contract as WVU's coach, including his assertion that he was pressured by Gov. Joe Manchin and others to sign the deal.

He was not permitted by his attorney, however, to answer any questions dealing with any arrangement he might have made to pay the buyout before agreeing to become the coach at Michigan in December.

The information is contained in a deposition that was taken April 21 at a hotel near the Detroit airport and lasted from 9 a.m. to 4:30 p.m. A transcript of the deposition was provided to West Virginia University attorneys Tuesday.

Rodriguez, who left WVU in December to become the football coach at Michigan, is contesting the $4 million buyout that was a part of a contract amendment to which he agreed in December of 2006 - following a flirtation with the University of Alabama - and was signed on Aug. 24, 2007, just prior to last football season.

Rodriguez admitted that when he signed a contract amendment just prior to the 2007 season that he did not ask that the $4 million buyout be reduced or eliminated. He reiterated his contention that he had been told by new WVU president Mike Garrison that the buyout would be reduced or eliminated should he choose to leave.

"I trusted what he told me,'' Rodriguez said.

But after also admitting that he asked that a $2 million buyout clause in his new contract at Michigan be doubled to the same $4 million figure he is contesting at WVU, Rodriguez's attorneys refused to allow him to answer questions designed to discover whether he made arrangements with Michigan to cover the cost of his West Virginia buyout.

It seems to be the contention of WVU's attorneys that not only did Rodriguez understand that he would have to pay the buyout, but that when negotiating the terms of his agreement with Michigan two days before he resigned at WVU he asked that some arrangement be made to cover his West Virginia buyout.

Rodriguez was presented with a document that appears to be the term sheet he signed at Michigan, but with some of the provisions redacted.

"Is there a provision blackened out there that deals with your $4 million liquidated damages clause with West Virginia and who was going to pay it?'' asked WVU attorney Tom Flaherty.

"Objection,'' said Rodriguez's attorney, Marv Robon. "I instruct you not to answer.''

"You instruct him not to answer?'' Flaherty asked.

"Of course,'' Robon said. "It's irrelevant.''

Flaherty pressed on, but only got an "I don't remember" from Rodriguez.

When Flaherty asked specifically if Michigan had agreed to pay any or all of the buyout or if Rodriguez had any discussions with anyone at UM or any boosters about the buyout, Robon again refused to allow him to answer.

The majority of the deposition concerns contract matters, with Flaherty quizzing Rodriguez at length regarding the specifics of his negotiations on not just the latest amendment to the contract, but to all versions of it dating back to his hiring in 2000. Many of the same terms are present throughout all of the deals, although the amount of compensation and other factors varied greatly.

The central conflict between the two sides is and always has been Rodriguez's contention that Garrison told him that he did not believe in buyouts and that if Rodriguez signed the contract he would not be held to the entire $4 million amount should he decide to leave.

"He said ... he didn't believe in buyouts,'' Rodriguez said, referring to a conversation he had with Garrison just prior to signing his contract amendment in August. "And if it ever came to that fact, the lawyers would get together and reduce it anyway. That's what he said.''

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