JJ’s contract goes to arbitration

About how the issue of the $400k termination clause is headed for arbitration, JJ’s agent Leigh Steinberg said:
“the matter is in the first stages of being submitted to an arbitrator.” (HA)

HA Note: “The school is asking Jones to pay liquidated damages of $400,008 — half his annual UH paycheck — for terminating their five-year agreement before its contracted June 30, 2008 expiration date. Jones left UH six days after the Warriors’ Jan. 1 Sugar Bowl loss to Georgia to become head coach at Southern Methodist University, where he reportedly more than doubled his annual UH pay of $800,016. A clause in his last UH contract, signed in 2003, provides for $400,008 in liquidated damages “if he terminates this agreement prior to June 30, 2008.” Though Jones received $800,016 per year from UH, the school said half of it was paid by donations.”

About how they had an agreement with HF to release JJ from his termination clause, Steinberg said:
“We had an explicit agreement with Herman Frazier that, after three years, there would be no penalty if coach Jones were to leave the university. If that were not the case, coach Jones would always honor a contractual obligation.” (HA)

HA Note; “UH has claimed that the original contract is unchanged with no record on file allowing an early exit without liquidated damages. Frazier was terminated a day after Jones’ departure for SMU and has not been available for comment. Two local attorneys who have reviewed a file copy of the contract but who were not privy to negotiations said that, based upon the contract, they believe UH has a claim on the money.

The contract said Jones was prohibited from accepting employment “under any circumstances as a men’s football coach at any institution of higher education which is a member of the NCAA, or for any men’s football team participating in any professional league or conference in the United States …” prior “to the expiration date of the term of this agreement … without first obtaining a written release or a negotiated settlement.”

The contract states that “in the event the university releases coach of his obligations under this agreement, coach shall be responsible for paying to the university liquidated damages …” “

About how Chancellor Hinshaw turned the matter over to UH’s general counsel, the communication director for the Chancellor’s Office, Gregg Takayama, said:
“It is out of the chancellor’s hands.” (HA)

About the contract, Michael F. Nauyokas, Honolulu attorney specializing in mediation, arbitration, and employment and labor law, said:
“it looks like he (Jones) promised to pay the money, now owes it and is past the 60 days due date for payment and is, therefore, in breach.” (HA)

About the situation, Jeff Portnoy, Honolulu attorney/radio call-in sports host/Advertiser blogger, said:
“Based upon the contract alone, Jones owes the University $400,008 in liquidated damages for taking another head college coaching job prior to the expiration of his contract on June 30, 2008. The contract does also provide that he could not accept another college coaching job without first receiving a written release from UH, or a negotiated settlement in writing … But even with a release, he owes the $400,008.” (HA)

HA Note: “The issue goes to arbitration because a clause in the contract notes: “Any disputes between (the) university and (the) coach shall be decided in a final and binding arbitration. The parties shall mutually agree to an arbitrator. If no agreement on an arbitrator can be reached, then either party may apply to the first circuit court of the State of Hawai’i for the appointment of an arbitrator. The arbitrator’s fee shall be split equally between the parties. Each party shall bear their own attorney’s fees and costs.” “

Ferd wrote in HA: “What isn’t there in the file copy — but Jones’ agent Leigh Steinberg maintains was “explicitly” agreed to by Frazier and reaffirmed on several occasions — was a provision whereby if the coach completed the third year of the five-year deal then he could leave without penalty. But because it isn’t in the file copy, UH wants the money it says it is has been due since March 7. Steinberg maintains there was an agreement and that such “handshake” deals are common practice in sports.”

Ferd wrote in HA: “Ultimately, arbitration will likely decide where the buck stops. But the former administration may have already set both parties up as losers.”

Colt is ready for the draft

Asked when he would be selected and by which team, Colt said:
“You really don’t know.” (HA)

HA Note: “He said his close friend, Matt Leinart, never interviewed with the Arizona Cardinals, who selected the former USC quarterback in the first round. Another friend, Trent Edwards, was drafted by the Buffalo Bills without receiving a personal workout.”

About how predictions for him range from the 2nd round to not being drafted at all, Colt said:
“I’m probably more prepared to not be drafted than anyone else. Maybe I have to walk on to an NFL team. If that’s what it takes, so be it. It only makes me stronger. Basically, it makes my story that much better down the road.” (HA)

About his draft status, Colt said:
“I’m not anxious or anything. I think I’d be way more anxious if I were one of those Matt Ryan-top-15 picks. I know after this weekend, I get to play football. That’s always the easiest part.” (HA)

About his discomfort the day after his surgery, Colt said:
“If I sat down for a certain time, my leg would get uncomfortable.”

Colt said that a few days after that:
“the ailments were gone. Each week, I’m getting better and better.” (HA)

HA Note: “He said he rides an exercise bike and does light weight-lifting. He said if all goes well, he hopes to be able to participate in one of the later mini camps. He expects to be 100 percent by July.”

About how his family will spend the weekend at a rented beach house, Colt said:
“We’ll do some family stuff. Me and my dad will hang out. I won’t be one of those guys posted up to the TV, waiting and waiting. I’ll take is as a somewhat normal weekend.” (HA)

Spring Practice Quotes from the Local Papers

About the benefit that UH got from their Sugar Bowl season, Chancellor Hinshaw said:
“Our successful football season and Sugar Bowl experience created tremendous pride and positive exposure for the University of Hawai’i at Manoa. Our challenge is to make this a trend and not just a momentary spike.” (HA)

“For example, interest in attending UH-Manoa may be up but we still have far to go to impress potential students and their families who visit our campus because our facilities are suffering from decades of neglected repairs and maintenance. We’re working to sustain our ‘Manoa Moment’ and we’ll need our community to help do so.” (HA)

HA Note: “When quarterback Doug Flutie led Boston College to an improbable 1984 season, the school reaped a wide array of off-the-field benefits in what became known as the “Flutie Factor.” At the University of Hawai’i, the Colt Brennan-led magical 2007 march to the Sugar Bowl is already showing signs of resulting in something of a Brennan Boom, officials say. Fall semester applications are up eight percent, UH Alumni Association memberships have risen 21 percent and football season ticket sales, which are on-going, have climbed steadily, according to the school. In addition, fundraising is rising significantly although, because it coincides with the school’s $250 million centennial fundraising campaign, a spokesman said it is difficult to put a precise number on football’s contribution to the effort. But there has been no doubting that a 12-1 season that was the school’s most successful and earned a No. 17 finish in the USA Today coaches’ poll, gave UH an enhanced awareness, not only in the state among alumni and fans, but nationally.”

HA Note: “While the student application process for the fall semester is ongoing, Manoa reported 9,872 applications compared with 9,153 last year. It said alumni memberships have risen by 1,354 to 6,770.”

About how online fundraising inquiries and contacts increased sharply, UH Director of Communications Gregg Takayama said:
“we just don’t have any hard numbers to the degree that they were stimulated by (football).” (HA)

About how he doesn’t talk much, Jameel Dowling said:
“I’m here for really two things, that’s to get my degree and try to play football to get to the next level. To me, it’s more of a business thing, understanding probably because I’m a little older, too. I’ve been around, and I just basically know why I’m here and what I gotta do. I think that’s probably why I’m quiet — I don’t worry about it that much.” (HSB)

HSB Note: “Dowling’s actions have spoken for him with spring practice in its stretch drive. While splitting time with JoPierre Davis and Calvin Roberts at right corner, he’s amassed six interceptions during team drills. His play caught the eye of coach Greg McMackin, who is high on Dowling’s amazingly low posture.”

Praising Dowling, Mack said:
“Oh yeah, he’s gotta play somewhere. He’s too good to have on the bench. He’s so coachable, and it impresses me that he plays so low, being so tall. The thing is, too, his height takes so much away from people — they can’t get the ball over him. Plus, he’s got the speed to run with them (4.4- to 4.5-second 40-yard dash).” (HSB)

Praising Dowling, Monteilh said:
“He gets so low in his back pedal, it’s amazing. His technique is so good, and it surprises us because he’s so tall.” (HSB)

About how Dowling is much quieter than their other DBs, Monteilh said:
“We got me and (Ryan) Mouton; I think Mouton’s part Portagee he talks so much. Then we have Jameel, who’s mute, he doesn’t talk. So I make a call (on the field) and he just nods at me, and I’m like, ‘Did you get the call, Dog?’” (HSB)

HSB Note: “A good time for Dowling, a Tacoma, Wash., native, is “going to Fun Factory” or spending quality time with his girlfriend, Melissa. After two all-conference years at Butte (Calif.) College and playing in 11 games in his junior season at Oregon, he transferred out because he felt pressure from the Ducks’ coaches to return from a severe ankle injury before it fully healed; Dowling thought it could have damaged his long-term prospects for pro football.”

About why he transferred from Oregon, Dowling said:
“Me not being 100 percent, my stay (there) wouldn’t really help me. Fall camp was already coming around, and I’m still in a boot and still in crutches. There’s no way I was going to be ready.” (HSB)

About his 4-year-old daughter Jalaina (who lives in Washington), who visited him during Halloween, Dowling said:
“She liked it a lot. The beach, the water, some things she’d never seen.” (HSB)

HSB Note: “The versatile corner — he can also play free safety if called upon — could see some extensive play in the Warriors’ dime and nickel packages, even if he doesn’t lock up a full-time starting job. Two junior college DBs arrive in the summer, adding to an already deep field at the position.”

About how they are deep at CB, Mack said:
“We’ve solidified. Both times I’ve been here (1999 and 2007) we’ve been really shallow at corner. But (now) we have some physical, fast corners that can hit you. So we’ve really helped ourselves out there.” (HSB)