100% found this document useful (1 vote)
9K views19 pages

Tony White's Nebraska Contract

The document is an employment agreement between the University of Nebraska-Lincoln and Tony White to serve as Assistant Head Coach/Defensive Coordinator of the football program from December 2022 through December 2025. It outlines White's compensation of $1 million annually, eligibility for bonuses, duties assisting the Head Coach, and requirement to comply with NCAA and university rules.

Uploaded by

Emily Leiker
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
100% found this document useful (1 vote)
9K views19 pages

Tony White's Nebraska Contract

The document is an employment agreement between the University of Nebraska-Lincoln and Tony White to serve as Assistant Head Coach/Defensive Coordinator of the football program from December 2022 through December 2025. It outlines White's compensation of $1 million annually, eligibility for bonuses, duties assisting the Head Coach, and requirement to comply with NCAA and university rules.

Uploaded by

Emily Leiker
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 19

EMPLOYMENT AGREEMENT

ASSISTANT COACH FOOTBALL


DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
UNIVERSITY OF NEBRASKA-LINCOLN

the Board of
Regents of the University of Nebraska
Department of Intercollegiate Athletics at the University of Nebraska- and Tony
White an individual, hereinafter referred to collectively as the Parties.

Recitals

The University agrees to employ the Coach as the Associate Head Coach/Defensive Coordinator
for its football program, and the Coach has agreed to serve in that capacity, pursuant to the terms contained
within this Agreement.

Terms

In consideration of the mutual promises and covenants set forth below and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the Parties agree to the following:

1. Appointment and Term. The University shall appoint the Coach to serve as an Assistant Coach
of the football program December 10, 2022. This appointment shall
be a full-time, all-year special appointment as a member of the managerial-professional staff
he is authorized to work in the United States,
his successful completion of a background check, and the approval of his appointment by the University of
Nebraska Board of Regents. Except to the extent specifically modified by the terms of this Agreement, the

rights, responsibilities and employment terms of managerial-


professional staff, which are incorporated herein by reference, as well as all applicable University and
Athletics policies, practices and procedures. Unless the Agreement is terminated earlier by either Party
pursuant to other provisions of this Agreement, t as an Assistant Coach shall
continue until December 31, 2025 or the date through which the Agreement has been extended pursuant to
Section 9 of this Agreement.

2. Compensation and Benefits. The University shall pay the Coach an annual, gross salary of One
Million dollars ($1,000,000.00) , less all required and authorized deductions, to be paid in

payments to members of its all-year professional staff. ccordingly if

salary if the sports season is shortened or not played due to exigent circumstances beyond the control of the
University, such as a pandemic.
salary from time-to-time during the term of this Agreement without the need for a formal, written
amendment to the Agreement. The Coach shall be eligible to receive all the fringe benefits that the
University offers to its managerial-professional staff members, as well as any additional fringe benefits that
may be approved by the Athletic Director. Except to the extent expressly provided otherwise within this
Agreement or required by law and provide fringe benefits to the
Coach shall cease immediately upon the termination of the Agreement.
3. Bonuses.
will be eligible to receive bonuses if the Program meets certain levels of athletic achievement. The amounts
of any such bonuses and the circumstances under which such bonuses will be granted are currently defined
in the attached Appendix A to this Agreement, which is incorporated herein by this reference. The
University reserves the right to modify Appendix A, as well as discontinue the payment of any or all
bonuses, at any time within its sole discretion. Any bonuses granted to the Coach will be treated as income
-2
income tax form.

4. Income through Outside Activities.

(a) The Coach shall obtain the advance, written approval of the Football Head Coach
and the at the University
of Nebraska-Lincoln prior to engaging in any activity outside the University, for which
the Coach will receive any form of remuneration based in whole or in part on the status of
being an Assistant Coach. This provision applies without limitation to all endorsements
and similar affiliations between the Coach and any business, product, service or event,
regardless of whether for a commercial or charitable purpose. Any endorsements that are

which is incorporated herein by reference. The Coach shall not engage in any activity that
is inconsistent with the terms of any of the multi-media agreements or grants of rights
entered into or provided by Athletics, including without limitation those agreements
assigning certain rights to Athletics
and to the promotion and marketing of Athletics. Any activity by the Coach that is
approved in advance by the Head Coach and the Athletic Director will be presumed to be
consistent with these multi-media rights agreements.

(b) During the summer months between academic years, the Coach is permitted to be
employed outside his University employment as a staff member in athletic schools, camps,
and clinics conducted by or under the
direction of the Head Coach on University premises.

(c) In accordance with University and Athletics policies, as well as National Collegiate
Athletic Association ( NCAA ) regulations, the Coach shall file a personal financial
statement annually with the Athletic Director, on a date and in a format determined by the
Athletic Director or a designee. This financial statement shall identify all income that the
Coach has obtained from sources both within and outside the University for athletics-
related activities.

5. Duties. As an Assistant Coach, the Coach shall perform those duties and responsibilities that are
assigned to him from time to time by the Head Coach in conjunction with the supervision and administration
of the Program. In carrying out those duties, the Coach shall report to and be accountable directly to the
Head Coach, as well as the Athletic Director. The Coach lacks any authority to engage in any dealings,
transactions, or ventures of any kind with any athletic booster or booster organization, except as may be
expressly authorized in advance and in writing by the Athletic Director. In addition to all other obligations
contained within this Agreement, the Coach agrees to each of the following:

(a)
student-athletes in terms of the recruitment, supervision and coaching of such athletes, as
achievement of student-
athletes is of the highest importance;

2
(b) To faithfully and conscientiously perform assigned duties and to maintain the high ethical
and moral standards expected of all University coaches;

(c) To devote full attention and efforts to promoting the Program and fulfilling all necessary
coaching responsibilities and duties;

(d) To not engage in any business or professional activities or pursuits that may conflict with
lities under this Agreement;

(e) To safeguard the health, safety and welfare of each student athlete within the Program,
including supporting the medical decisions and recommendations of medical and training
personnel assigned by the University to care for t
student-athletes, to take all necessary steps to prevent or avoid any harm occurring to a
student athlete, to treat each student athlete in a professional and responsible manner, and

and

(f) To perform all other duties that may be assigned, and adhere to all directives that may be
issued, from time-to-time by the Head Coach, Athletic Director, or other authorized
University officials to benefit the University, Athletics and their respective programs and

HuskerVision Television produced coaches shows, and other sponsorship/development

is attached to this Agreement as Appendix B and is incorporated, as it may be modified


from time-to-time, herein by this reference.)

6. Strict Compliance with all Applicable Laws, Rules and Regulations. The Coach shall perform
the duties of the Assistant Coach in strict compliance with:

(a) the constitution, bylaws, rules, and regulations of the NCAA,

(b)

(c) all applicable rules and regulations of the University,

(d) the rules and regulations of any successor organizations to those named above, and

(e) all applicable federal, state, and municipal laws (hereinafter collectively referred to as

The University may place the Coach on administrative leave pending an investigation into any
allegations that the Coach has violated any of the Applicable Rules. If an investigation reveals that
the Coach has violated any of the Applicable Rules either during or preceding
employment with the University, the University may take whatever disciplinary or corrective action
against the Coach that it deems appropriate, including without limitation suspension without pay
or termination of employment.

7. University Property. All property that is provided to, or developed or acquired by, the Coach as
part of or in conjunction with employment by the University, regardless of the format or manner
in which the property may be retained or stored, shall remain the sole property of the University. This shall

3
include, without limitation, all documents, files, personnel records, recruiting records, team information,
athletic equipment, films, statistics, keys, credit cards, computers, software programs, and electronic
devices that the Coach may have access to or come into possession of during employment. Excluded from
this provision are the
records, which the Coach may retain. The Coach shall be required to return to the University all University
lendar days following the termination or

8. Confidential Property.
confidential business information, trade secrets, intellectual property, proprietary information, and other

ll not

unless absolutely necessary to fulfill the duties of an Assistant Coach, or unless directed to do so by the

any legal demand to disclose Confidential Information, including without limitation through an order of a
court or administrative agency, a subpoena, or a valid public records request, the Coach shall promptly

9. Performance Evaluation and Continuation of Employment. The Coach shall be expected to


perform the duties and responsibilities of an Assistant Coach in a professional, competent, and diligent

ose duties and responsibilities shall be evaluated annually by the Head


Coach. Based on that evaluation, the Head Coach at his discretion and with the advance approval of the
Athletic Director, the Chancellor and to the extent necessary , may elect to extend
or renew the term of this Agreement by one or more years. Any such extension or renewal must be set forth
in a written addendum or modification to this Agreement that is executed by both the Coach and an
authorized representative of the University.

10. Resignation and Pursuit of Other Employment.

(a) Unless the Coach has been provided a notice of termination in accordance with the other
provisions of this Agreement, neither the Coach nor anyone acting on behalf
shall engage in any negotiations with any other prospective employer without notifying
and obtaining the express prior approval of both the Head Coach and the Athletic Director
in advance of those discussions or negotiations. The Coach understands that on-going
rumors or media reports of such negotiations are damaging to the Program and the parties
expressly agree that time is of the essence as to this provision and the same shall be strictly
construed.

(b) Any attempt by the Coach to resign during the regular season or prior to any post-season

written acceptance of the resignation. If the Coach resigns prior to the completion of the
another coaching or athletics-related position with another
employer, the University will incur damages that will be uncertain and not susceptible to
exact computation. Except as otherwise specifically provided herein, as a reasonable
forecast or approxima
resignation, the Parties acknowledge and agree that the Coach shall pay, or cause to be
paid, to the University liquidated damages within sixty (60) calendar days following the
effective d
obligations, the University shall be entitled to receive a defined percentage of the amount

4
calculated
rema

percentage to be used in this calculation shall be determined based on the nature of the
Coa :

(i) The Coach shall be obligated to pay one hundred percent (100%) of the
if the Coach resigns from employment with the
University to accept a coaching position other than a head coach position
with a Division I-A football program for a university that currently is a
member of or is in the process of becoming a member of the Big Ten
Conference (or successor conference) or a university or
college that is within a two hundred and fifty (250) mile radius of the
University; or
(ii) The Coach shall be obligated to pay seventy-five percent (75%) of the
if the Coach resigns from employment with the
University to accept a coaching position other than a head coach position
with a football program for a university or college other than one described
in section (i); or
(iii) The Coach shall be obligated to pay twenty-five percent (25%) of the
with the
University to accept a football-related position outside of coaching, or
(iv) The Coach shall not be obligated to pay any liquidated damages to the
University if the Coach resigns from employment with the University to
accept a collegiate head coach position, a coaching position for any
professional team within the National Football League, or a non-related
football position.

The Parties have bargained for and agreed to this liquidated damages provision, giving
consideration, to the special personal talents that the Coach brings to the Program that
cannot be easily replaced, the critical importance of stability to the success of the Program,

significant costs incurred by the University in conducting a search for another assistant
coach, and the substantial expenditure of administrative resources in effectuating a change
of coaching staff, all of which result in damages the amount, nature, and extent of which
are difficult to determine and cannot be estimated with certainty. Accordingly, the Parties
acknowledge and agree that the amount of liquidated damages payable to the University
under this provision is fair and reasonable.

(c) In electing to resign prior to the completion of the Agreement term to accept a coaching or
athletics-related position with another employer, the Coach shall forfeit any right the Coach
may have under this Agreement or University policy to further compensation from the
University following the effective date of the resignation, including without limitation any
unearned exceptional performance bonus or any accrued, but unused, vacation or floating
holidays. The forfeiture shall not include any final base salary or performance bonus earned
or paid for work previously performed or any compensation paid as part of a vested
retirement benefit.

5
11. Discipline and Termination of Employment.

(a) Discipline and Termination of Employment for Cause. The University may discipline,

policy attached to and incorporated by reference into this Agreement as Appendix C, which
has been approved by the Chancellor pursuant to Section 4.8.1 of the Bylaws. The
University may amend this policy from time-to-time within its discretion, in which case
the most current version of the policy will apply to and be incorporated into this Agreement.
The University also may terminate t
discontinuation of a program or department or due to financial exigencies, as conveyed in
Sections 4.8.1, 4.16 and 4.17 of the Bylaws and the policies implementing those sections.
As part of any termination of t
any right that the Coach may have under this Agreement or University policy to further
compensation from the University following the effective date of termination, including
without limitation any unearned exceptional performance bonus or any accrued, but unused
vacation or floating holidays. This forfeiture shall not include any final base salary paid for
work previously performed or any compensation paid as part of a vested retirement benefit.
In no case shall the University be liable to the Coach for the loss of any collateral business
opportunities, or any other benefits, perquisites, income or consequential damages suffered
mployment for
cause.

(b) Reassignment and Termination of Employment Without Cause.

i. Because the position of Associate Head Coach/Defensive Coordinator is unique and


requires special skills and talents, the University may not reassign the Coach to another
po

of its intent to terminate the employment relationship within a specified time period
determined by the University. Notwithstanding any provision of this Agreement to the

University in its notification, although the obligations regarding the payment and
mitigation of the payments contained within this section of the Agreement shall

without cause, the University will pay the Post-termination Payments (as defined
below) for the number of months, including a prorated share for partial months,
remaining in the Term

ii. Coach shall be entitled to receive the Base Salary in substantially equal
monthly installments and subject to all applicable withholdings, until the earlier of
twenty-four months after the date of termination or the last day of the Term; provided,
however, that any such payments scheduled to occur in the first three months following
ction shall not be paid until the last day of the
third month after the date of termination.

iii. If, on the date of termination, more than twenty-four months remain in the Term, the
Coach shall be entitled to receive payment of deferred compensation in accordance

6
d
beginning on the first day of the 25th month after the date of termination and ending on
the last day of the scheduled term hereof. Tax withholding and reporting relating to the
payments described in this Section 13(b)(ii) shall be made in accordance with the
applicable provisions of the Internal Revenue Code.

iv. If it is reasonably determined by the University, after discussion with the Coach and
his advisors, that some or all of the monthly payments to be made to the Coach pursuant
to Section 13(b)(ii) will be taxable to the Coach prior to their scheduled payment dates,
then, on the last day of the third month after the date of termination, the University
shall make a single lump sum payment to the Coach in an amount to equal the
Estimated Tax Amount, subject to all applicable withholdings. For this purpose, the

based on the supplemental tax rates, is necessary for the Coach to satisfy all of his
applicable federal, state and local income and employment tax obligations on amounts
to be paid to the Coach pursuant to Section 13(b)(ii) that are taxable in the calendar
year of termination rather than in subsequent years in which the scheduled payment
dates fall, except that the amount of any Estimated Tax Amount will not exceed the
amount that is permissible as an accelerated payment of deferred compensation under
Internal Revenue Code Section 409A. The University will offset and reduce the
monthly payments of deferred compensation by the accelerated payment of the

the time period during which the Coach is to receive payments pursuant to Section
13(b)(i). This acceleration of payments to the Coach shall be accomplished through the
reduction by the University of each monthly payment to be made under Section
13(b)(i) by an amount equal to the monthly amount determined pursuant to the
preceding sentence of this Section 13(b)(iii); any such reduction shall be applied after
the reduction for any compensation the Coach receives from other employment during
the Remaining Term as described in Section 13(c). If, for any reason under this
Agreement, the payments to be made to the Coach by the University under Section
13(b)(i) end prior to the time that the Estimated Tax Amount has been fully offset by
the University through reductions of the payments to be made under section 13(b)(i),
then the remaining balance of the Estimated Tax Amount is subject to clawback by the

personal federal income tax return is due for the tax year during which such payments
under Section 13(b)(i) end. Nothing contained herein shall be construed as a loan
contrary to Nebraska State Constitution Article XIII-3.

v. The payments described in Sections 13(b)(i), 13(b)(ii), 13(b)(iii) shall hereinafter be


-
which such payments are made sh -termination
-termination Payments shall fully compensate the Coach
for the loss of collateral business opportunities (whether media, public relations,
camps, clinics, apparel or similar contracts, sponsorships, or other supplemental or

7
collateral compensation or benefits of any kind) and the Coach shall not be entitled to
any further compensation and benefits under this Agreement.

vi. These Post-termination Payments comprise the total amount of compensation owed by
the University to the Coach and encompass all other forms of compensation that may
be due to the Coach under the terms of this Agreement or University policy including
without limitation any accrued, but unused, vacation or floating holidays. If the Coach

installments shall cease on the last day of the month in which the Coach died.

vii. The Parties have negotiated and agreed to these Post-termination Payments. Based on
-termination Payments, the Coach hereby
waives and releases the University, as well as all of its Regents, administrators, faculty,
staff, employees, representatives, and agents from any and all claims or causes of

termination of employment, including without limitation any claims for any income or
ng the foregoing, in the

significant, repetitive, or intentional violation of NCAA or Conference Rules either


committed by the Coach or by a coach, employee, staff member, student-athlete for

and consent or, which the Coach, in the exercise of reasonable diligence, should have
known or prevented, the University shall have the right to immediately terminate all
future payments due, recover past payments made, and pursue all legal remedies
available under law.

(c) Mitigation of Damages. The Coach shall have a duty to mitigate any damages that the
Coach may sustain or incur based upon the termination
including without limitation any Post-
efforts to actively seek and obtain comparable employment within a reasonable period of
time following that termination. The Coach recognizes that this mitigation obligation is an
essential term of this Agreement and shall provide the University on an ongoing basis with
information relating to the efforts undertaken by the Coach to secure other comparable
employment and respond to any inquiries that the University may make relating to those
efforts. If the Coach secures other employment during the Remaining Term, the Coach
shall immediately share with the University in writing a description of the new position
and the total compensation that will be paid to the Coach in that position.

If the Coach obtains any other employment or is engaged to provide a service (regardless of
whether the employment or engagement constitutes comparable employment), then the
Post-termination Payments shall be red
to the period covered by the Remaining Term of this Agreement from all sources directly
related to the new position(s) (including, without limitation, salary, deferred compensation,
signing bonuses, stay bonuses, or other cash compensation income, excluding the employee
benefits costs associated with such position(s)). If the compensation in the new position is
less than what the Coach would have earned from the University during the Remaining
Term, the University within its sole discretion may choose to pay the Coach the difference

8
through either reduced monthly payments or through a lump sum payment that is paid either
by the University or a third party. Specifically, the University may elect to compensate the
Coach through either of the following two options:

(1) The amount of any remaining monthly installments owed by the University to the
Coach during the Remaining Term shall be reduced by the amount of the guaranteed
gross monthly salary that the Coach earns through the new employment; or

(2) The present value of the total amount owed by the University to the Coach during
the Remaining Term, using the 3-year Treasury Constant Maturity Rate, will be
reduced by the amount that the Coach is calculated to earn during that same time
period through the new employment and will be paid to the Coach in a lump sum
payment, which will be treated as income to the Coach for income tax purposes and
will be subject to all requisite withholdings.

The Coach agrees that, to the extent permitted by applicable law, the University reserves
the right to reduce the Post-termination Payments due and owing if the amount of
compensation received by the Coach in his subsequent employment appears contrived to
rely upon payments to the Coach by the University (examples include, but are not limited

cease) or if the Co

If the compensation that the Coach is calculated to earn in the new employment exceeds that
which the Coach would have earned from the University during the Remaining Term, the
University shall be relieved of any further obligations to compensate the Coach under this
section of the Agreement.

12. Incapacitation. Should the Coach become unable to perform the duties of an Assistant Coach for
any reason, and such incapacitation continues for more than six (6) months, or if such incapacitation is
permanent,
then either Party may terminate this Agreement. Upon that termination, the respective rights, duties, and
obligations of each Party under the Agreement shall cease, and each Party shall be released and discharged
from the Agreement without further liability to the other. This provision, however, shall not apply to any
liability the University may have to the Coach to any
benefits that the Coach may be entitled to receive under any disability insurance coverage provided in whole
or in part by the University.

13. Interference with Athletics. In the event of termination of this Agreement, the Coach agrees that
-
Athletics ability to transact business. If the Coach violates this provision, the Coach will not be entitled to
any post-termination benefits, including any liquidated damages, and will be required to return any that
have been disbursed.

14. Non-Disparagement. for


any reason, whether effectuated through a termination, resignation or the natural expiration of the
Coach shall not make any written or oral statements to anyone disparaging, attacking

9
or painting in a negative light the University campuses, colleges, schools, departments, divisions, regents,
faculty, staff, students, stakeholders, services, programs, athletics or degrees.

15. Payment of Contract Termination Expenses. The University has authorized the direct payment
of the Coac -two thousand three hundred seven
University on or before January
-4 information, will pay to the Coach a
reasonable amount of such additional compensation to place the Coach in a similar tax position should this
The Contract Buyout and
Additional Compensation shall be reported as income to the Coach and are subject to applicable
withholding of federal and state taxes as required by law and the rules and regulations of the Internal
-2. In the event the Coach resigns from
employment pursuant to Section 10 on or before December 31, 2025, the Coach shall be obligated to pay
to the University the sum of the Contract Buyout and Additional Compensation as additional liquidated
damages in the following amounts: i) if the Coach resigns on or before December 1, 2023, the Coach shall
pay one hundred percent (100%) of the sum of the Contract Buyout and Additional Compensation; (ii) if
the Coach resigns on or before December 1, 2024, the Coach shall pay sixty-six percent (66%) of the sum
of the Contract Buyout and Additional Compensation; (iii) if the Coach resigns on or before December 1,
2025, the Coach shall pay thirty-three percent (33%) of the sum of the Contract Buyout and Additional
Compensation, except that if the Coach resigns for a coaching position for any professional team within the
National Football League at any time during the Term, the Coach shall pay one hundred percent (100%) of
the sum of the Contract Buyout and Additional Compensation. For the avoidance of doubt, such amount is
and shall be paid within sixty (60) calendar
. Notwithstanding, the Athletic Director, within
his or her sole discretion, may elect to either have the Coach pay a lesser amount than required by this
Section 15 or may elect to waive the payment required by this Section 15 entirely.

16. Governing Law, Venue and Severability. The laws of the State of Nebraska shall govern the
validity, performance and enforcement of this Agreement. Any dispute arising from or related to this
Agreement shall be resolved in a court, administrative body, or other forum of competent jurisdiction located
within the State of Nebraska. If any portion of this Agreement is declared invalid or unenforceable by a
court of competent jurisdiction, such declaration shall not affect the validity or enforceability of the
remaining provisions of this Agreement.

17. Entire Agreement and Amendments. This Agreement sets forth the entire agreement between

agreements, negotiations, discussions or understandings concerning that employment. The terms of this
Agreement may only be altered, amended, waived or modified through a written addendum or
modification signed by the Coach and an authorized representative of the University, with the exception
that increases in salary or fringe benefits may be effectuated from time-to-time through official acts of
the University without the need for written amendment or modification to this Agreement. In addition,
except as expressly provided otherwise within this Agreement, no Party may assign any right or
obligation created under this Agreement without the prior, written consent of the other Party. Because
both Parties were afforded the opportunity to participate in the negotiation and drafting of this
Agreement, this Agreement shall not be construed against any Party as the drafter of this Agreement.
The recitals and the headings contained within this Agreement are for convenience only and are not
intended to be substantive. This Agreement may be executed in one or more counterparts, and the
counterparts will be construed together to constitute the fully executed Agreement.

18. Public Record. Coach understands that information regarding, related to, or part of this
Agreement is a public record as provided by the Nebraska public records statutes (Neb. Rev. Stat. §§

10
APPENDIX A

UNIVERSITY OF NEBRASKA-LINCOLN
DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
EXCEPTIONAL PERFORMANCE BONUS POLICY
(Conference Championships and Postseason Competition)
The Department of Intercollegiate Athletics at the University of Nebraska-Lincoln grants bonuses to its
Head Coaches, Assistant Coaches and other designated staff when the following accomplishments occur
within their respective programs.

Bonus Eligibility & Procedures:

1. Coaches and other designated staff are not eligible to receive a bonus if they are in breach or
violation of any terms of their written employment agreement or appointment letter or if they are
not in conformance with any of the by-laws, rules, regulations or policies of the University of
Nebraska. In the absence of any such breach or violation, the full-time Head Coach, Assistant
Coaches, Head Strength Coach, and the Football Chief of Staff within the football program are
eligible to receive the bonuses described within this policy. For all other athletic programs, full-
time Head Coaches, Assistant Coaches and Directors of Operations are eligible to receive bonuses.

2. A bonus shall competition


is attributable to a special determination by the governing body overseeing postseason participation
that allows performance or record
during the regular season would not otherwise have qualified it for postseason play.

3.
fiscal year in which the achievement occurred, utilizing the percentages specified in the Conference
and Postseason Bonus Schedule set forth below.

4. To receive a bonus , eligible coaches and


staff members must attend and perform their regular employment duties at that event, unless
specifically excused by the Athletic Director for legitimate reasons such as illness or a family
emergency.
5. The University will pay the bonuses no later than ninety (90) calendar days following the last
possible postseason event in which the accomplishment is achieved. Bonuses will be deemed
income for income tax purposes and will be subject to all applicable withholdings.
Notes
(a) Conference championship and other postseason bonuses are for team accomplishments.
However, if an individual student-athlete wins an individual national championship, the head coach
and the primary assistant coach who directly coached the student-athlete will receive a five percent
(5%) bonus, if no other team-based bonus is earned.
(b) A conference championship bonus may be earned for either a regular season or postseason
tournament championship, but not both.
(c) A maximum of two (2) bonuses may be earned each year within the Track and Field program
(however, only the head coach and the primary assistant coach for cross country are eligible to
receive one (1) of these bonuses to be earned in cross country).

12
(d)
employment agreement.
Conference and Postseason Bonus Schedule

Highest Applies
Conference
Individual Postseason Postseason Postseason National
Championship
Sports (1) Selection Advancement Finals Champion
(2)
Top 16 Top 4
15% 5% 25%
10% 20%
Tennis
Top 30 Top 8
15% 5% 25%
10% 20%
Top 24 Top 8
15% 5% 25%
Golf 10% 20%
Top 6
15% 5% N/A 25%
Gymnastics 20%
Top 8 Top 4
15% 5% 25%
Gymnastics 10% 20%
Top 20 Top 4
Wrestling 15% N/A 25%
10% 20%
Swimming & Top 20 Top 4
15% N/A 25%
Diving 10% 20%
Top 4
Rifle 15% 10% N/A 25%
20%
Top 4
Bowling N/A 10% N/A 25%
20%
Top 10 Top 4
M (In or Out) M (In or Out)
M (In or Out) M (In or Out)
15% 25%
Track & 15% 20%
W (In or Out) W (In or
Cross N/A W (In or Out) W (In or Out)
15% Out) 25%
Country (3) 15% 20%
M or W (XC) M or W (XC)
M or W (XC) M or W (XC)
15% 25%
15% 20%

Highest Applies
Conference
Postseason Postseason Postseason National
Team Sports Championship
Selection Advancement Finals Champion
(2)
Top 16 Top 4
Volleyball 15% 10% 25%
15% 20%
Top 16 Top 8
Baseball 15% 5% 25%
10% 20%
Top 16 Top 8
Softball 15% 5% 25%
10% 20%
Top 16 Top 4
Soccer 15% 5% 25%
10% 20%
NCAA Top 16 NCAA Top 4 NCAA
15% NCAA 10%
15% 20% Champion

13
Basketball 25%
Assistants (4)

Highest Applies Highest Applies


CFP
Non
Win or Bowl
Conference CFP CFP CFP National
Tie Game
Football Championshi Bowl Semifina Championshi Champio
Divisio (non
p Gam l Game p Game n
n playoff
e
)
Football
8.33 16.67
Assistant 5% 15% 20% 22.5% 25%
% %
s (4)

Established May 26, 2014 (for 2014-15). Revised April 10, 2015 (for 2015-16). Revised April 7,2016 (for 2016-17). Revised
August 20, 2018 (for 2018-19).

14
APPENDIX B

UNIVERSITY OF NEBRASKA-LINCOLN
DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
POLICY ON HUSKERVISION TELEVISION PROGRAMMING

HuskerVision, a division of the University of Nebraska-Lincoln Department of Intercollegiate Athletics


Athletics
and game highlights, that are licensed to distributors of television programming. These programs are
intended to inform the public about and promote the intercollegiate athletic programs at the University of
Nebraska-Lincoln . This policy clarifies the relationship between the Athletics Department
and its employees regarding its television programming.

(1) The Athletics Department, in conjunction with HuskerVision, uses University resources to provide
all the necessary resources to produce the television programming, including (a) the studio, camera
and technical personnel, directors, editors, as well as all necessary equipment to produce and
record the program, (b) creative consultants, (c) the personnel responsible for licensing the
distribution of the programs, (d) the announcer talent appearing on the programs, and (e) the
trademarks associated with the Athletics Department.

(2) Coaches shall cooperate with the HuskerVision staff in determining a mutually agreeable taping

reasonable number of appearances in recorded and/or live productions made on behalf of the

duties for which they are compensated through their employment agreement or appointment letter.
Coaches shall permit the use of their name, image, and other personal identifiers on the programs
and in the promotions for those programs.

(3) All programming made be edited and distributed in any manner to meet the needs of the University.
The resultant programming and any revenue from that programming shall be the sole property of
the University, along with all intellectual property and other rights that accompany the ownership
butions to this programming shall
- The Athletics Department subsequently may market its HuskerVision
programming, or edited versions of that programming, to secondary markets on the internet,
through the distribution of compact discs, digital versatile discs, or other storage formats, or through
any other means.

15
APPENDIX C
UNIVERSITY OF NEBRASKA-LINCOLN
DEPARTMENT OF INTERCOLLEGIATE ATHLETICS
POLICY ON STANDARDS OF PROFESSIONAL PERFORMANCE
FOR ATHLETIC STAFF AND RULES OF
PROCEDURE FOR DISCIPLINARY ACTIONS

The Chancellor for the University of Nebraska-Lincoln has approved the following policy for the

Staff and Rules 8.1 of the Bylaws of the Board


of Regents for the University of Nebraska.

1. Definitions. For the purposes of this policy, the terms set forth below are defined as follows:

(a) University the University of Nebraska-Lincoln


(b) Department
(c) Conference the Big Ten Conference or any successor athletic conference of which the
University is a member
(d) NCAA the National Collegiate Athletic Association
(e) Athletic Director the Director of Intercollegiate Athletics at the University
(f) Athletic Staff Member any Department employee who is employed by special
appointment pursuant to Section 4.4.1 of the Bylaws of the Board of Regents for the

staff
(g) Governing Athletic Rules all rules, regulations, directives, policies, bylaws,
constitutions, and interpretations issued or amended by the NCAA, the Conference, or
any other governing body or institution possessing regulatory authority or power over
any intercollegiate athletics program at the University

2. Standards of Professional Performance. All Athletic Staff Members are expected to perform
their duties and responsibilities on behalf of the University in a professional, competent and diligent manner
that conforms to the Un
Athletic Staff Members, therefore, must conduct themselves and carry out their duties in a manner that
fosters and promotes the high moral, ethical and academic standards of the University, as well as good
sportsmanship. Athletic Staff Members also must strictly adhere to all applicable federal, state and
municipal laws, University policies and practices, Department policies and practices, and governing
athletic rules, including without limitation those rules relating to the recruitment and the furnishing of
unauthorized benefits to recruits and student-athletes. Recognizing that the primary mission of the
University is to serve as an institution of higher education, Athletic Staff Members are expected to

academic pursuits of student-athletes and to take all necessary steps to safeguard and promote the
physical and mental well-being of student-athletes. For those Athletic Staff Members who supervise
other staff or students, those members also shall take all necessary steps to ensure that those under
their supervision adhere to these standards.

3. Disciplinary Action for Cause. The University may discipline any Athletic Staff Member
who engages in misconduct or who fails to meet the expected performance standards, as
determined by the University. Misconduct, for the purposes of this provision, shall include without
limitation engaging in any of the following acts:

16
(a) Violation or breach of any applicable federal, state or municipal laws, University
policies or practices, Department policies or practices, or governing athletic rules;

(b) Violation of any felony or misdemeanor criminal statute resulting in a conviction that
relates to, impacts or impairs the Athletic Staff Member to perform duties on
behalf of the University;

(c) Violation or breach of any terms of the Athletic Staff Member


agreement, if any, with the University;

(d) Engaging in any unethical or immoral conduct, regardless of where that conduct
occurs, that relates to, impacts or impairs the Athletic Staff Member
perform duties on behalf of the University;

(e) Engaging in any conduct, regardless of where that conduct occurs, that impugns, harms
or undercuts the reputation of the Department or the University;

(f) Engaging in any conduct that harms, hinders or impairs, or failing to take appropriate
steps to safeguard, the physical and/or mental well-being of student-athletes;

(g) Failing to abide by University of Nebraska Board of Regent Policy regarding


Consensual Relationships (RP-3.3.15) by engaging in any relationship of a sexual,
intimate, romantic, dating, or amorous nature, regardless of its length, with a student-
athlete or an employee for whom the Athletic Staff Member has supervisory or
evaluative authority unless otherwise permitted by the policy;

(h) Failing to abide by University of Nebraska Board of Regent Policy regarding Sexual
Misconduct (RP-2.1.8).

RP-2.1.8, including domestic violence, dating violence, sexual harassment, sexual


assault, sexual exploitation, and stalking) when the Athletic Staff member receives a
disclosure of sexual misconduct or becomes aware of information that would lead a
reasonable person to believe that sexual misconduct may have occurred involving
anyone covered by RP-2.1.8;

(i) Failing to adhere to or follow any lawful directive issued to the Athletic Staff Member
Board of
Regents, or any other act that could be deemed insubordinate;

(j) Failing to respond accurately, fully or timely to any reasonable inquiry received from
the University, the NCAA, the Conference, any other governing body, or any
governmental agency regarding any matters that pertain to or arise out of the Athletic
Staff Member as a coach or
at another academic institution;

(k) Fraud or dishonesty in carrying out any duties on behalf of the University, including
without limitation submitting false, fabricated, misleading or altered statements,
representations, reports, records or other documents to the University, the NCAA, the
Conference, other governing bodies, or governmental agencies (such as any documents

17
relating to the recruitment of student-athletes or any documents required to be
maintained by law, University policy or practice, or governing athletic rules);

(l) The misappropriation, misuse, damage or destruction of University property;

(m) Appearing to be under the influence of alcohol, drugs or other intoxicants while
performing duties on behalf of the University, regardless of location;

(n) Driving a motor vehicle while legally intoxicated or under the influence of alcohol or
other drugs (including illegal, recreational and prescribed drugs);

(o) The sale, use or possession of any narcotics, controlled substances, drugs, steroids or
other chemicals in violation of any state or federal laws, or any governing athletic
rules, including without limitation the sale, use or possession of any pain medications
that have not been prescribed directly to you;

(p) Failing to fully cooperate in the implementation, administration and enforcement of


any drug testing program established by the University for student-athletes;

(q) Soliciting, placing or accepting a bet on any intercollegiate athletic contest, or participating
in, condoning or encouraging any illegal betting, gambling, or bookmaking on any
intercollegiate or professional sporting event through any means;

(r)
individual that the Athletic Staff Member knows, or reasonably should know, is involved
in or tied to illegal gambling;

(s) Failing to immediately report to the Athletic Director any possible or known violation
of any governing athletic rule or University policy or practice by an assistant coach, a
student or other person under the direct control or supervision of the Athletic Staff
Member;

(t) Failing to accurately report all sources and amounts of income generated from
athletics-related activities, as required by the governing athletic rules; or

(u) Allowing, permitting or encouraging any assistant coach, student or other person under
the direct control or supervision of the Athletic Staff Member to engage in any of the
prohibited conduct identified above, or failing to take appropriate steps to prevent such
action being taken by such individuals.

Typically, an Athletic Staff Member will be informed of any performance deficiencies and afforded a
reasonable opportunity to rectify those deficiencies before any discipline will be imposed based on a
failure to meet performance standards. The form and severity of any discipline will be determined by
the University on a case-by-case basis, taking into consideration a variety of factors such as the nature
and seriousness of the offense, the extent to which the conduct or behavior has been addressed
previously or is repetitive, the impact that the conduct has on the University, the Department, the
athletic program, and the workplace, the degree to which the conduct exposes the University to liability
or reputational harm, and the impact that the conduct has on the physical and mental well-being of
student-athletes. Depending on such factors, the University may impose discipline on the Athletic
Staff Member, ranging from a verbal reminder to the termination of employment, and is not required
to impose discipline in a progressive manner. If the University elects to suspend an Athletic Staff

18
Member as a form of discipline, the suspension can be without pay and generally will not exceed
ninety (90) calendar days in duration. If the University is contemplating suspending or terminating the
employment of an Athletic Staff Member for cause, the affected athletic staff member will be afforded
the due process referenced within this policy.

4. Administrative Leave. The University may place any Athletic Staff Member on paid
administrative leave (a) while the University investigates complaints or allegations brought against the
Athletic Staff Member to determine whether disciplinary action is warranted, (b) following the filing
of an indictment or information on criminal charges against the Athletic Staff Member, or (c) following
notification of a formal inquiry or a preliminary finding by the NCAA or the Conference that the
Athletic Staff Member violated one or more governing athletic rules or that violations were committed
by others that the Athletic Staff Member permitted, condoned or encouraged or that the Athletic Staff
Member failed to prevent, limit or mitigate after acquiring actual or constructive knowledge of those
violations. This administrative leave may continue until a final resolution is reached in any such
investigation, matter or proceeding. The University is not limited or precluded from taking
disciplinary or other action against any other Athletic Staff Members who were responsible for
supervising the Athletic Staff Member on administrative leave.

5. Notice. Except in those situations in which the University has determined that advance notice

will notify the Athletic Staff Member of the


suspend or terminate -two
(72) hours in advance of that employment action. The notice will identify the reasons for the intended
action, along with a brief summary of the underlying facts. Prior to the intended action being taken,
the Athletic Staff Member may submit a written statement to the Athletic Director, or the other
administrative officer designated by the Chancellor, setting forth reasons why the intended
employment action should not be taken. If advance notice is not provided, the Athletic Director or
Athletic Staff
Member of the employment action taken, along with the reasons and a brief statement of the underlying
facts, within at least forty-eight (48) hours after the suspension or termination for cause is imposed.

6. Post-Hearing. An Athletic Staff Member who is suspended or terminated for cause may
submit a written request for a post-hearing to the Athletic Director within fifteen (15) calendar days
following the effective date of the suspension or termination. The hearing will be conducted by a
panel of three academic-administrative University employees selected by the Chancellor and will be

The Athletic Staff Member shall have the option of being represented by a personal attorney at the
hearing and shall have the ability to present testimony, to call witnesses, and to cross-examination.
Although the formal rules of evidence will not be adhered to at the hearing, the panel may exclude any
testimony or evidence that the panel deems to be irrelevant, immaterial, incompetent, duplicative, or
otherwise lacking probative value. Following the hearing, the panel will submit a written
recommendation to the Chancellor and provide a copy to the Athletic Staff Member. After receiving

employment action taken against the Athletic Staff Member and will inform the Athletic Staff Member
of that decision. The Chancello
review.

7. Termination Without Cause. The University may terminate the employment of any Athletic
Staff Member without cause by providing that member with the notice required under Section 4.4.1
of the Bylaws of the Board of Regents of the University of Nebraska.

19

You might also like