burnet44
10-05-2007, 02:36 PM
I think this is pretty weak
but if they want him gone
they will probably use it
Franchione's contract allows swift action
Investigation continues, but deal could free A&M from buyout in wake of scandal
By TERRANCE HARRIS
Copyright 2007 Houston Chronicle
COLLEGE STATION — Texas A&M athletic director Bill Byrne opened his weekly online column Wednesday with a quote: "The road to hell is paved with good intentions."
In the days and weeks to come, those words could loom ominous as the school launches an investigation into football coach Dennis Franchione's VIP Connection, an e-mail newsletter that provided insider information to select boosters for a fee of $1,200 annually.
Based on Franchione's contract, which the Chronicle obtained through the Freedom of Information Act, at least two aspects of the agreement could come into question, including one that could void his $2 million-a-year deal without requiring the school to pay an $8 million buyout.
Franchione's distribution of the newsletter and the information provided also could bring secondary NCAA violations, according to two compliance officers not involved or intimately familiar with the Texas A&M probe.
Franchione sometimes provided injury information, discussed specific recruits and accepted outside sports-related income without getting it approved through proper school channels.
Providing undisclosed injury information has received the most attention because of the gambling implications.
Cause for concern?
"I think the NCAA will generally be concerned with the possibility of providing information to gamblers, whether knowingly or not," said University of Houston compliance officer Kevin Fite. "But it's pretty hard to nail that down. He would have to know or have reason to know they were using the information for gambling."
Compliance officers are employed by universities to make sure student-athletes, coaches, faculty and boosters act in accordance to NCAA rules.
Texas A&M interim president Dr. Ed Davis announced Tuesday that an investigation into the newsletter is being conducted by Byrne and A&M's NCAA compliance officer, David Batson. The athletic department likely is trying to determine if Franchione committed any NCAA violations or violated terms of his contract.
Franchione said the intent of the insider e-mail newsletter was to help offset the cost of running his personal Web site, coachfran.com.
Franchione has said the $1,200 annual payments from the 12 to 15 boosters went directly to the company that maintains his site.
That admission could be in violation of Section 2.3 of his contract, which states Franchione is prohibited from receiving any money or benefits or gratuity whatsoever from any university booster club or other benefactor if such action would be in violation of NCAA rules.
A violation of that term could result in the termination of Franchione's contract, which runs through 2012, per Section 5.1 (a) under Termination for Cause. Franchione can be suspended without pay or the agreement can be terminated immediately if he breaks any of the rules listed in Sections 2.1 through 2.5.
Statements from A&M
Texas A&M officials have declined to discuss issues concerning the VIP Connection, but have issued statements about the ongoing investigation.
"We're dealing with issues this week that while well-intentioned, were mistakes," Byrne wrote in his column. "Many want to hear from me about the VIP Connection.
"Within the University and athletic department, we are collecting all the information available, and it is my hope that we will have everything wrapped up and delivered to you and the media soon. We will keep you as informed as we possibly can."
Among the issues Byrne and Batson likely are looking into is Franchione accepting outside income without notifying the school president directly or through the athletic department.
Byrne has said he was unaware of the existence of the VIP Connection until three weeks ago, at which time he instructed Franchione to discontinue it.
But Franchione's secret deal with the boosters seems to violate terms in his contract and NCAA bylaws on notification of outside income.
"There is the question of who is paying for the upkeep of the Web site," said a compliance officer from a major conference school, who spoke on the condition of anonymity. "And then there is the question of whose pocket would it have come out of had the boosters not paid directly to the company. What was his intent?
"It's probably not a good idea to be getting money from any boosters."
Meanwhile, Franchione's team is preparing for a meeting of Big 12 South teams when Oklahoma State visits Kyle Field on Saturday.
terrance.harris@chron.com
but if they want him gone
they will probably use it
Franchione's contract allows swift action
Investigation continues, but deal could free A&M from buyout in wake of scandal
By TERRANCE HARRIS
Copyright 2007 Houston Chronicle
COLLEGE STATION — Texas A&M athletic director Bill Byrne opened his weekly online column Wednesday with a quote: "The road to hell is paved with good intentions."
In the days and weeks to come, those words could loom ominous as the school launches an investigation into football coach Dennis Franchione's VIP Connection, an e-mail newsletter that provided insider information to select boosters for a fee of $1,200 annually.
Based on Franchione's contract, which the Chronicle obtained through the Freedom of Information Act, at least two aspects of the agreement could come into question, including one that could void his $2 million-a-year deal without requiring the school to pay an $8 million buyout.
Franchione's distribution of the newsletter and the information provided also could bring secondary NCAA violations, according to two compliance officers not involved or intimately familiar with the Texas A&M probe.
Franchione sometimes provided injury information, discussed specific recruits and accepted outside sports-related income without getting it approved through proper school channels.
Providing undisclosed injury information has received the most attention because of the gambling implications.
Cause for concern?
"I think the NCAA will generally be concerned with the possibility of providing information to gamblers, whether knowingly or not," said University of Houston compliance officer Kevin Fite. "But it's pretty hard to nail that down. He would have to know or have reason to know they were using the information for gambling."
Compliance officers are employed by universities to make sure student-athletes, coaches, faculty and boosters act in accordance to NCAA rules.
Texas A&M interim president Dr. Ed Davis announced Tuesday that an investigation into the newsletter is being conducted by Byrne and A&M's NCAA compliance officer, David Batson. The athletic department likely is trying to determine if Franchione committed any NCAA violations or violated terms of his contract.
Franchione said the intent of the insider e-mail newsletter was to help offset the cost of running his personal Web site, coachfran.com.
Franchione has said the $1,200 annual payments from the 12 to 15 boosters went directly to the company that maintains his site.
That admission could be in violation of Section 2.3 of his contract, which states Franchione is prohibited from receiving any money or benefits or gratuity whatsoever from any university booster club or other benefactor if such action would be in violation of NCAA rules.
A violation of that term could result in the termination of Franchione's contract, which runs through 2012, per Section 5.1 (a) under Termination for Cause. Franchione can be suspended without pay or the agreement can be terminated immediately if he breaks any of the rules listed in Sections 2.1 through 2.5.
Statements from A&M
Texas A&M officials have declined to discuss issues concerning the VIP Connection, but have issued statements about the ongoing investigation.
"We're dealing with issues this week that while well-intentioned, were mistakes," Byrne wrote in his column. "Many want to hear from me about the VIP Connection.
"Within the University and athletic department, we are collecting all the information available, and it is my hope that we will have everything wrapped up and delivered to you and the media soon. We will keep you as informed as we possibly can."
Among the issues Byrne and Batson likely are looking into is Franchione accepting outside income without notifying the school president directly or through the athletic department.
Byrne has said he was unaware of the existence of the VIP Connection until three weeks ago, at which time he instructed Franchione to discontinue it.
But Franchione's secret deal with the boosters seems to violate terms in his contract and NCAA bylaws on notification of outside income.
"There is the question of who is paying for the upkeep of the Web site," said a compliance officer from a major conference school, who spoke on the condition of anonymity. "And then there is the question of whose pocket would it have come out of had the boosters not paid directly to the company. What was his intent?
"It's probably not a good idea to be getting money from any boosters."
Meanwhile, Franchione's team is preparing for a meeting of Big 12 South teams when Oklahoma State visits Kyle Field on Saturday.
terrance.harris@chron.com