Here are the details of Wichita State's separation agreement with Gregg Marshall
Marshall will receive 156 payments of $48,076.92 every two weeks for six years, starting Dec. 11
On Tuesday, Nov. 17, former Wichita State men’s basketball coach Gregg Marshall signed a 16-page confidential separation agreement and a 10-page confidential release of Age Discrimination in Employment Act (ADEA) claims as part of his resignation from the university, according to copies of the confidential documents obtained by Out of Bounds. A copy of the separation agreement is available at the bottom of this newsletter.
Marshall will be paid $7.5 million in the form of 156 equal payments of $48,076.92, which will be paid every two weeks for six years, starting Dec. 11, 2020. He will also receive $250,000 from Wichita State as consideration for him signing the release of ADEA claims.
Marshall has a limited liability company – Marshall Hoops, LLC – that was included in the terms of the confidential separation agreement and Marshall signed on behalf of the company, as well as for himself. In addition to Wichita State University, the Wichita State University Intercollegiate Athletic Association, Inc. (“ICAA”) was a signing party in both the separation agreement and the release of ADEA claims, with Wichita State Athletic Director Darron Boatright signing for the ICAA.
Alan Rupe, a Wichita-based attorney, was listed under the address for Marshall and Marshall Hoops, LLC. Wichita State’s “Control Group” was defined in the separation agreement as Boatright, the current president and provost of Wichita State, any individual in the athletic department “authorized to provide any reference or employment information during their employment,” and employees in Wichita State’s General Counsel’s office, during the time of their employment.
Marshall agreed to return all “material or articles of information,” with the exception of his cell phone, by Nov. 20. That includes recruiting records, film, stats and any other data or material related to Wichita State’s men’s basketball program.
Marshall will give up his membership to Flint Hills National Golf Club and Crestview Country Club on Dec. 31, 2020, as paid for by the university. He must return any vehicles issued by the university on or before Dec. 16, 2020.
Marshall was allowed to speak with Wichita State’s men’s basketball players at 9 a.m. CT on Nov. 17, in the presence of Boatright “to address the reasons for resignation and say farewell to his players, except that such statements shall be limited to the talking points agreed to by the parties” and that were set forth in Exhibit A of the separation agreement.
A copy of the agreed-upon public statement is below.
There was a “Non-Disclosure and Confidentiality Obligations” clause in the confidential separation agreement between Wichita State and Marshall.
Marshall agreed that the “facts and circumstances leading to the agreement are strictly, and shall forever remain, confidential.” Wichita State and its athletic association agreed that, unless subpoenaed or court-ordered, it won’t publish Marshall’s personnel records, including a set of documents referred to as “confidential personnel” records. When Out of Bounds filed a public records request for a copy of any reports from any investigations into Marshall from the fall, Wichita State’s General Counsel’s office responded that the responsive records are being withheld since they are personnel records.
The parties agreed that a violation of the “Non-Disclosure and Confidentiality Obligations” clause would “cause immeasurable and irreparable damage to each other in an amount incapable of precise determination.”
Marshall agreed that if he’s ever required to disclose the confidential separation agreement or its terms, through a subpoena or court order, he would waive any objection to Wichita State’s request that his production of the separation agreement or his testimony would be done under seal and on camera, respectively.
The parties agreed to a mutual non-disparagement clause in which they wouldn’t provide information, make any statement or take any action that would damage the other party’s reputation, or embarrass or humiliate the other party.
“This agreement extends to, but is not limited to, such statements via email, letter, social media posting, oral communications, and statements made to current or prospective student athletes or coaches, newspapers, periodicals, bulletins, journals, magazines, publications, radio stations, television stations, internet websites, or blogs,” according to the confidential separation agreement.
Marshall was advised in writing on one of the final pages of the separation agreement to consult with an attorney before executing the agreement. Marshall, Boatright and Wichita State Interim President Richard Muma signed the agreement on Nov. 17.
Marshall also signed on Nov. 17 the confidential release of ADEA claims, which will not become effective or enforceable until seven days after the release was signed. Marshall has the right to revoke the release for a period of up to seven days.
Wichita State’s separation agreement with Gregg Marshall
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