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Thursday, Nov. 14
The Indiana Daily Student

Knight drops appeal

Former coach terminates case against University

Former IU men's basketball coach Bob Knight dropped his lawsuit against the University this week, terminating a legal battle that spanned several years.\nMonroe County Circuit Court Judge Kenneth Todd previously struck down the case, which was filed in November 2002. \nTodd ruled IU was allowed to fire Knight either "for-cause" or without cause, as specified by the terms of his contract. Knight's lead attorney, Russell Yates, filed an appeal against that judgment in the Indiana Court of Appeals Jan. 19. \nThe lawsuit claimed IU violated proper firing procedures in terminating Knight last semester.\nKnight voluntarily dismissed that appeal, according to a motion filed in the Monroe County Circuit Court Feb. 12, Copies of the motion were served on David M. Mattingly and Curtis W. McCauley, both attorneys at the Indianapolis-based firm Ice Miller hired to represent the University, as well as James H. Voyle's, Knight's co-counsel in Indianapolis. \nYates was traveling Tuesday and Wednesday and could not be reached for comment from his Denver firm. However, sources at Ice Miller confirmed Wednesday that the appeal had been abandoned. \nIn filing the appeal, Yates maintained the University violated the "for-cause" provision cited in paragraph 11 of Knight's contract, which required a formal IU hearing before the coach could be terminated. Yates said Knight received no such hearing. \n"I feel the court was wrong, the contract was wrong and the way Coach was terminated was wrong," Yates told the Indiana Daily Student in January. "I think that because (then-University President Myles) Brand decided to have a press conference in front of 30 million people to say how bad Coach was, that triggered the for-cause provision to fire him."\nYates also filed a motion to correct an error regarding IU's motion for summary judgment in November. The document said IU breached Knight's employment agreement by "announcing the termination in public before notifying Coach Knight in writing," as well as by not allowing Knight the opportunity to have the reasons he was fired explained to him. Yates also said IU failed to allow a 60-day period to transpire between the initial and final notifications of termination.\nThe motion also alleges the University "bargained" with Knight concerning his job security and each party's reputation. It cites paragraph 4(D) of Knight's contract, which states "in many ways, the reputations of Indiana University Basketball and Coach have become synonymous."\nIce Miller attorney David Mattingly was also traveling and could not be reached for comment at press time. Mattingly told the IDS in September the former coach's contract allowed the University to terminate him for any reason, provided his salary was paid in full until his contract expired.\nIf Knight indeed had been fired "for-cause," as Yates alleged, that payment would have immediately ceased and a hearing would have commenced. \nIU Spokeswoman Jane Jankowski, speaking on behalf of University Counsel Dorothy Frapwell, said the University's position on the case has not changed in light of recent events. \n"We have consistently maintained the position that the University did all that was required pursuant to the terms of the contract between Mr. Knight and the University"

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