State University Coaching Contracts

[JJWalker]

OK, so I am confused.

Following the Mike Leach saga has me wondering about coaching contracts with state colleges and universities.

Texas Tech is claiming sovereign immunity from Mike Leach's suit over his contract.

Does not the fact that they University wrote a contract with him, in a sense waive the school's right to sovereign immunity? Otherwise, what good are any state school coaching contracts if they can be invalidated by a claim of sovereign immunity from suit?

Obviously I am not a lawyer. But if Texas Tech proves it has sovereign immunity against Mike Leach's suit, would that not in essense invalidate every other coaching contract agreed to by a state school?

Then ... would sovereign immunity claim also roll down to the high school level too?

[JJWalker]

I guess if Tech wins their claim of sovereign immunity, the contracts with state schools are really not contracts (an agreement creating and defining the obligations between two or more parties) because the state schools are essentially immune from such obligations or contracts.

This is from a law website commenting on Texas sovereign immunity.

The general rule is that governmental entities cannot be sued for breaching contracts and for committing torts. Waivers remain the exception. The Tort Claims Act provides for a limited waiver of both immunity to suit and immunity to liability in narrowly defined circumstances, including automobile accidents caused by public employees.

Which to me means contracts with state entities are essentially one way contracts. Which are not contracts at all. The document would in reality be more of a waiver of rights by the coach in exchange for money.

Anyhow that is probably what coaches have if the court rules in favor of Texas Tech in regards to its sovereign immunity claim; A Waiver of Their Rights.