WVU Reveals Another Letter in Latest Bout with Huggins
Former West Virginia head coach Bob Huggins released a statement Monday evening in regard to the university releasing corresponding letters from his legal counsel and WVU.
Shortly after, WVU released another letter addressed to David Campbell, Huggins latest attorney, confirming he was indeed representing Huggins and made several counterpoints in which Huggins did officially resign from his post.
- Mr. Gianola, Mr. Huggins’ long-standing lawyer, actively represented Mr. Huggins in multiple conversations with the University on June 16-17, 2023, leading up to, and following the moment, when Mr. Huggins decided to resign as WVU Head Men’s Basketball Coach and retire from the University. Mr. Gianola exchanged several text messages and engaged in approximately 70 minutes of phone conversations with the University during this two-day period.
- During conversations on the evening of June 17, Mr. Gianola indicated to the University that Mr. Huggins had decided to resign and retire.
- After Mr. Gianola informed the University that Mr. Huggins decided to resign and retire, the University told Mr. Gianola that it needed a writing from Mr. Huggins to that effect. Mr. Gianola specifically asked the University if it would accept Mr. Huggins’ resignation via an email sent by his wife, June Huggins, because (1) Mr. Huggins does not use email, and (2) Mr. Gianola was having IT issues at his firm and could not access his email reliably. Moreover, Mr. Gianola specifically requested the University send language that the University would find acceptable in such a resignation notification. In an effort to accommodate Mr. Huggins, the University agreed to accept the notification from Mrs. Huggins’ email account and to send language we would find acceptable.
- Prior to submitting his notification to the University, on the evening of June 17, 2023, Mr. Huggins met with members of the men’s basketball staff and student- athletes to announce that he would no longer be coaching the team. We understand that Mr. Huggins specifically told the team that he was resigning.
- Prior to submitting his notification to the University, but after meeting with his staff and the team on the evening of June 17, 2023, Mr. Huggins called Steve Uryasz, WVU Deputy Athletic Director and sports administrator for men’s basketball, to personally confirm that he had spoken to the team and was, in fact, resigning. They spoke for approximately 8 minutes. During this call, Mr. Huggins and Mr. Uryasz also discussed who may be appointed as interim head basketball coach (since Mr. Huggins was resigning) and Mr. Uryasz indicated that the University may go with Josh Eilert, as Mr. Huggins had previously communicated to Mr. Uryasz that Coach Eilert would serve as head coach during the three-game suspension of Mr. Huggins. We understand that other members of the men’s basketball staff overhead pieces of this conversation as Mr. Huggins had placed this call from the basketball locker room and was talking on speaker phone.
- Mr. Gianola confirmed with the University via text message that Mrs. Huggins was sending the email notification on behalf of Mr. Huggins and to be ready for it. After the email was sent from Mrs. Huggins’ account, Mr. Gianola again followed up to confirm that the University had received it.
- Mr. Huggins then called Mr. Uryasz again a few minutes after the notification was sent from Mrs. Huggins’ email account. Mr. Huggins did not at that time indicate he had changed his mind about resigning or that the email notification was sent without his authorization.
- In terms of the press announcement that you attached to your letter, that announcement, and an earlier draft of it, was specifically provided to Mr. Gianola, who reviewed it and approved it on behalf of Mr. Huggins before the resignation email was sent to the University. The University then only released the announcement after telling Mr. Gianola that it was going to send out the approved version, to which Mr. Gianola authorized by responding “okay.”
- The next day, Sunday, June 18, Mr. Huggins went to the WVU Basketball Practice Facility at approximately 10:30 a.m. to clean out his office. He was met there by Wren Baker, WVU’s Athletics Director, who arrived at approximately 12:00 p.m. The two met for approximately 15 minutes and discussed Mr. Huggins’ recent resignation and retirement. At no point during this conversation did Mr. Huggins express to Mr. Baker that he did not, in fact, resign and retire. After cleaning out his office, Mr. Huggins loaded the boxes from his office into his truck and left at approximately 1:30 p.m.
- Prior to your letter, 20 days have passed since Mr. Huggins’ resignation and retirement submission with no claim by Mr. Huggins, or his other two lawyers, that he did not in fact resign and retire. During this time, all parties, including Mr. Huggins and his attorney have acted consistent with that resignation and retirement notification in multiple ways.
FULL LETTER
Dear Mr. Campbell:
Thank you for your letter confirming that you are in fact representing Mr. Huggins. I will await conformation from Mr. Huggins' other counsel on their status in terms of their representation of him, as I noticed that your letter implies that your representation may be limited to this belated request to "return to active coaching duties."
After reading your recent letter, I am still confused by your allegations. Are you asserting that Mr. Huggins never resigned? Is it your position that Mr. Gianola, the longstanding lawyer for Mr. Huggins, engaged with the University on June 17 without the knowledge or authorization of Mr. Huggins? And then Mr. Huggins' wife submitted his resignation without his knowledge or authorization? Finally, that Mr. Huggins did nothing to rectify this situation for almost three weeks? Or, are you asserting that Mr. Huggins did resign, but his notification did not meet the technical requirements under the Employment Agreement? Are you suggesting that the only way Mr. Huggins could resign would be through registered or certified mail?
· Mr. Gianola, Mr. Huggins’ long-standing lawyer, actively represented Mr. Huggins in multiple conversations with the University on June 16-17, 2023, leading up to, and following the moment, when Mr. Huggins decided to resign as WVU Head Men’s Basketball Coach and retire from the University. Mr. Gianola exchanged several text messages and engaged in approximately 70 minutes of phone conversations with the University during this two-day period.
· During conversations on the evening of June 17, Mr. Gianola indicated to the University that Mr. Huggins had decided to resign and retire.
· After Mr. Gianola informed the University that Mr. Huggins decided to resign and retire, the University told Mr. Gianola that it needed a writing from Mr. Huggins to that effect. Mr. Gianola specifically asked the University if it would accept Mr. Huggins’ resignation via an email sent by his wife, June Huggins, because (1) Mr. Huggins does not use email, and (2) Mr. Gianola was having IT issues at his firm and could not access his email reliably. Moreover, Mr. Gianola specifically requested the University send language that the University would find acceptable in such a resignation notification. In an effort to accommodate Mr. Huggins, the University agreed to accept the notification from Mrs. Huggins’ email account and to send language we would find acceptable.
· Prior to submitting his notification to the University, on the evening of June 17, 2023, Mr. Huggins met with members of the men’s basketball staff and student- athletes to announce that he would no longer be coaching the team. We understand that Mr. Huggins specifically told the team that he was resigning.
· Prior to submitting his notification to the University, but after meeting with his staff and the team on the evening of June 17, 2023, Mr. Huggins called Steve Uryasz, WVU Deputy Athletic Director and sports administrator for men’s basketball, to personally confirm that he had spoken to the team and was, in fact, resigning. They spoke for approximately 8 minutes. During this call, Mr. Huggins and Mr. Uryasz also discussed who may be appointed as interim head basketball coach (since Mr. Huggins was resigning) and Mr. Uryasz indicated that the University may go with Josh Eilert, as Mr. Huggins had previously communicated to Mr. Uryasz that Coach Eilert would serve as head coach during the three-game suspension of Mr. Huggins. We understand that other members of the men’s basketball staff overhead pieces of this conversation as Mr. Huggins had placed this call from the basketball locker room and was talking on speaker phone.
· Mr. Gianola confirmed with the University via text message that Mrs. Huggins was sending the email notification on behalf of Mr. Huggins and to be ready for it. After the email was sent from Mrs. Huggins’ account, Mr. Gianola again followed up to confirm that the University had received it.
· Mr. Huggins then called Mr. Uryasz again a few minutes after the notification was sent from Mrs. Huggins’ email account. Mr. Huggins did not at that time indicate he had changed his mind about resigning or that the email notification was sent without his authorization.
· In terms of the press announcement that you attached to your letter, that announcement, and an earlier draft of it, was specifically provided to Mr. Gianola, who reviewed it and approved it on behalf of Mr. Huggins before the resignation email was sent to the University. The University then only released the announcement after telling Mr. Gianola that it was going to send out the approved version, to which Mr. Gianola authorized by responding “okay.”
· The next day, Sunday, June 18, Mr. Huggins went to the WVU Basketball Practice Facility at approximately 10:30 a.m. to clean out his office. He was met there by Wren Baker, WVU’s Athletics Director, who arrived at approximately 12:00 p.m. The two met for approximately 15 minutes and discussed Mr. Huggins’ recent resignation and retirement. At no point during this conversation did Mr. Huggins express to Mr. Baker that he did not, in fact, resign and retire. After cleaning out his office, Mr. Huggins loaded the boxes from his office into his truck and left at approximately 1:30 p.m.
· Prior to your letter, 20 days have passed since Mr. Huggins’ resignation and retirement submission with no claim by Mr. Huggins, or his other two lawyers, that he did not in fact resign and retire. During this time, all parties, including Mr. Huggins and his attorney, have acted consistent with that resignation and retirement notification in multiple ways.
Under any reasonable interpretation of these facts, Mr. Huggins resigned and is also estopped from asserting otherwise. Any contrary position is frivolous.
Your reading and analysis of the Employment Agreement and the notice provision is also without merit. The Employment Agreement notice provision provides: “Any and all notices required or permitted to be given under this Agreement will be sufficient if furnished in writing and sent by registered or certified mail to the other party . . . .” (emphasis added). The plain text of this notice provision merely indicates that notices provided in writing and sent by registered or certified mail will be sufficient. The language does not say that other notices are void, i.e., the language does not say: “All parties must provide notice under this Agreement in a writing sent by registered or certified mail to the other party and any notice not provided in such manner is void.”
Even if we accept your position (which we do not) that all notifications must be provided via registered or certified mail to be effective (again, not what the language states), notice provisions may be modified or waived. And, the University authorized notice in the manner given – at the request of Mr. Huggins’ lawyer, who is the other person specifically mentioned in the
notice provision. See J.F. Allen Corp. v. Sanitary Bd. of City of Charleston, 237 W. Va. 77 (2016) (finding that “[t]his Court has recognized that contract provisions providing for timely written notice of changes or claims can be amended, waived or abrogated by the conduct of the parties.”) (citing Syl. Pt. 1, Pasquale v. Ohio Power Co., 186 W. Va. 501 (1991) (“Ordinarily, where a construction contract contains language to the effect that its terms cannot be changed without the written consent of the parties thereto, then such written consent is required unless this condition is waived by the parties by their conduct or through circumstances that justify avoiding the requirement.”)). Moreover, in this circumstance where Mr. Huggins was clearly resigning and retiring, the notice provisions are for the benefit of the employer (WVU) as the party receiving the notice, and it may waive technical compliance.
Sincerely,
Stephanie D. Taylor
Vice President & General Counsel
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