Tennessee can fine Pearl up to $50,000 for not cooperating

Bruce Pearl

Photo by Adam Brimer

Bruce Pearl

Former Tennessee men's basketball coach Bruce Pearl is contractually obligated to adhere to restrictions and stipulations which include not making any disparaging remarks about UT or face up to $50,000 in fines.

The News Sentinel obtained the separation agreement signed by Pearl and university officials on March 21 - the day he was fired - through a public records request.

Pearl provided false and misleading testimony in an interview with the NCAA on June 14, 2010, when asked about a picture of him and one-time commitment Aaron Craft that was taken at his home on Sept. 20, 2008.

Pearl's comments to the News Sentinel since his firing have involved the work he has done on behalf of charities, and freshman Tobias Harris' decision to enter the NBA draft.

The separation agreement stipulations that are subject to a $10,000 fine at each breach, up to $50,000, include Pearl not interfering "in any way with the activities of the University's (sic) men's basketball team ...," and Pearl cooperating fully with UT, the NCAA enforcement staff, and the NCAA Committee on Infractions.

The stipulation involving not making any disparaging comments about UT allows for Pearl to provide truthful testimony to NCAA investigators and at today's hearing in Indianapolis.

By the terms of the agreement, which includes a breakdown of Pearl's $948,728 payout, which is to be paid in increments through June 30, 2012, Pearl "irrevocably and unconditionally" releases UT and its representatives "from any and all causes of actions, suits, claims, liabilities, damages, demands, costs, attorney's fees ..." etc.

The agreement specifically states that Pearl is releasing the potential for claims of which he may not be aware at the time of the signing: "... even though he may claim in the future to regret having signed this Agreement (sic).''

The separation agreement includes similar restrictions on former UT assistant coaches Steve Forbes, Tony Jones and Jason Shay, who remain on university payroll through July 31.

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Comments » 36

mhsvol writes:

The last two SEC BB coaches that were fired without a contract - Pearl and Gillespie, both took a huge hit in the wallet as a result. Makes you wonder what they were thinking.

Vol43 writes:

Lawyers?

voloffaith writes:

in response to mhsvol:

The last two SEC BB coaches that were fired without a contract - Pearl and Gillespie, both took a huge hit in the wallet as a result. Makes you wonder what they were thinking.

How about damage control for themselves as to minimizing the extent of it?

Witch_Doctors writes:

Witch Doctor say cookouts kill..
Bones never lie.

murrayvol writes:

Everybody hates lawyers.....until they really need one.

Bigger_Al writes:

Is it just me, or is the (sic) not in the proper place above? I think it should be after "men's". But I was always stronger in math...

CoverOrange writes:

in response to murrayvol:

Everybody hates lawyers.....until they really need one.

My wife is a lawyer, and she hates most other lawyers. Biggest conumdrum: takes seven years of schooling to become one, and requires passing one of the hardest exams devised. Yet so many become lazy and stupid immediately after. Not my wife, in case she is reading this.

Couchdummy writes:

in response to Bigger_Al:

Is it just me, or is the (sic) not in the proper place above? I think it should be after "men's". But I was always stronger in math...

I think you are correct.

thevoice writes:

A small part of me hopes UT sues Pearl for some later-to-be-revealed reason. Okay, it's getting to be a big part of me actually. After all, it was his selfish, arrogant, lying (I hate those three adjectives) ways that put us in the hole and made my Alma Mater the laughing stock of the country. Glad Hammy's leaving, but the man had nothing to do with Pearl's actions.

DonK37920 writes:

in response to lakindofguy:

(This comment was removed by the site staff.)

And Fulmer didn't take us to heights we had never been? At least since 1951? Our last National Championship? Why do people not appreciate the job Fulmer did? Yes it was time for him to go but what he did for Tennessee Football is undeniable!

VolunteerLifer writes:

in response to thevoice:

A small part of me hopes UT sues Pearl for some later-to-be-revealed reason. Okay, it's getting to be a big part of me actually. After all, it was his selfish, arrogant, lying (I hate those three adjectives) ways that put us in the hole and made my Alma Mater the laughing stock of the country. Glad Hammy's leaving, but the man had nothing to do with Pearl's actions.

I feel the same way. It really sticks in my craw to see the man walk away with a million bucks in severance after he blew up the basketball program. He should have to pay us a million bucks in penalties.

Orangeblood13 writes:

in response to lakindofguy:

(This comment was removed by the site staff.)

Last I looked fulmer didn't do too bad either

mbain13 writes:

in response to CoverOrange:

My wife is a lawyer, and she hates most other lawyers. Biggest conumdrum: takes seven years of schooling to become one, and requires passing one of the hardest exams devised. Yet so many become lazy and stupid immediately after. Not my wife, in case she is reading this.

Yay!...this is about Bruce and UT, not your wife. ha

MidTennVol writes:

"in any way with the activities of the University's (sic) men's basketball team ...,"

The "(sic)" here unnecessary as the phrasing is correct. "University's men's" is simply a double possessive, as in "the team's mascot's tail."

Go Vols' English department...

MidTennVol writes:

in response to Bigger_Al:

Is it just me, or is the (sic) not in the proper place above? I think it should be after "men's". But I was always stronger in math...

No, it ain't just you, BigAl. It's incorrect English. The "(sic)" is unneeded, as is the second "(sic)" in the story. Must have some Florida grads editing copy at the KNS.

Chartervol writes:

Usage in both cases is correct. I think the sics may have been for incorrectly capitalized common nouns. Neither university nor agreement should have been capitalized. Lawyers practice random capitalization a great deal.

volscantball writes:

Like anyone will believe anything Pearl says anyway.

Mark63 writes:

You talk about stipulations. Once again no one can see that this has Hamilton's doing all over that document. I would of said no way that I would ever going to sign something that stupid. No mater how much they pay me to shut up. Here is my thoughts to coach Pearl, when he sits in that chair. I would whisle blow the very you know what out of Hamilton, and make him the fool that he is. I have said this before, and I will say it again. Ever since Hamilton was hire, he has done nothing but interfere with both programs recuitment, and he bolted before the NCAA meeting can occur. I would of investgate Hamilton, and what he was doing, while he was still AD at Tennessee. I am telling you now, he is more guilty, than coach Pearl.

mgkreb writes:

in response to MidTennVol:

No, it ain't just you, BigAl. It's incorrect English. The "(sic)" is unneeded, as is the second "(sic)" in the story. Must have some Florida grads editing copy at the KNS.

Both are because of capitalization errors. The words "University's" and "Agreement" should not be capitalized since they are not proper nouns.

iadvol writes:

I still cant believe he lied about the picture at his house. World class stupidity.

wagee12 writes:

Too bad that didn't have that agreement and stipulation with Phillerup Fuljam, they could have already saved 50 grand from his mouthing.

orangegrass writes:

So much for the 'class' of the guy signing autographs with "Go Vols." He was just protecting his own wallet. The guy is real class - he cost his boss his job too.

utvolfan writes:

in response to Bigger_Al:

Is it just me, or is the (sic) not in the proper place above? I think it should be after "men's". But I was always stronger in math...

There's no need for EITHER "(sic)" in the article. Maybe the KNS writer was using them because of the capitalization of the words, though I certainly wouldn't venture to explain KNS writers' concepts of grammar, punctuation, and other elements of composition.

schymtz writes:

Lane Kiffen was slick enough to grab UT's socks off without removing the shoes. He apparently studied under Caprili: commit the crime, deny it, play innocent, and leave the school before the NCAA ever shows up. Bruce Pearl did what many a man would do facing a threatening, annoying question with a great deal to lose. He gave a "misleading" answer, then picked the wrong venue to confess his basketball sins. Without money changing hands, points being shaved, or clear competative advantage gained, how in Hades does all this rise to the level of MAJOR INFRACTIONS. This is trivea. Whatever Coach Pearl's personal and basketball sins, I hope he's back somewhere soon far exceeding positive expectations. In the absence of offences that amount to more than bad judgement, and judging from the amount of trash talking that followed him to UT, I still suspect more of a vendeta following him than we care to know. I hope the good he accomplished at UT outlives his oh-so-horrendous infractions. I suspect UT will be hit hard for lack of administrative supervision or whatever.

Southland writes:

in response to lakindofguy:

(This comment was removed by the site staff.)

must be a young fan or an old one with amnesia. did you forget the decade of the 90's and most of the first decade of the 21st century. He had the highest winning percentage of any active coach for about 10 years so I would say that counts for something. did you just become a UT fan in the past few years?

volnbig11land writes:

in response to Southland:

must be a young fan or an old one with amnesia. did you forget the decade of the 90's and most of the first decade of the 21st century. He had the highest winning percentage of any active coach for about 10 years so I would say that counts for something. did you just become a UT fan in the past few years?

I don't agree with his Fulmer comment, but I also know that Fulmer stayed about 3 or 4 years too long.

And I've been a fan for probably as long as you have.

OwensboroVol writes:

in response to thevoice:

A small part of me hopes UT sues Pearl for some later-to-be-revealed reason. Okay, it's getting to be a big part of me actually. After all, it was his selfish, arrogant, lying (I hate those three adjectives) ways that put us in the hole and made my Alma Mater the laughing stock of the country. Glad Hammy's leaving, but the man had nothing to do with Pearl's actions.

Lets see, He took us to the elite 8 and missed the final four by two points which by the way were acquired by Michigan State on a bad foul call by the officials, He raised over $1 Million Dollars for the University Hospital's Cancer Research, He graduated 5 players (all of his seniors) from his last class, and told a small lie about what was a secondary violation. Whats wrong with us, he should have been taken out and shot or hung!

murrayvol writes:

in response to CoverOrange:

My wife is a lawyer, and she hates most other lawyers. Biggest conumdrum: takes seven years of schooling to become one, and requires passing one of the hardest exams devised. Yet so many become lazy and stupid immediately after. Not my wife, in case she is reading this.

Good close CO. :{)

murrayvol writes:

in response to iadvol:

I still cant believe he lied about the picture at his house. World class stupidity.

I believe the lie originated with an assistant and Pearl weighed in on the coverup which is worse than stupid.

jjack61 writes:

Bruce is class act. He wont say anything negative about UT unless he is forced to defend himself. I wish him a great future in whatever he does.

OwensboroVol writes:

in response to jjack61:

Bruce is class act. He wont say anything negative about UT unless he is forced to defend himself. I wish him a great future in whatever he does.

I agree completely. I've been around Tennessee Sports for more than 49 years and I have only seen one coach who provided the positive impact Bruce Pearl did. That was Doug Dickey. Bruce did more than just coach our Basketball Team, he became Vol and great citizen of Knoxville and Tennessee. If I was the AD I would rehire him and give him a 10 year contract.

mhsvol writes:

in response to schymtz:

Lane Kiffen was slick enough to grab UT's socks off without removing the shoes. He apparently studied under Caprili: commit the crime, deny it, play innocent, and leave the school before the NCAA ever shows up. Bruce Pearl did what many a man would do facing a threatening, annoying question with a great deal to lose. He gave a "misleading" answer, then picked the wrong venue to confess his basketball sins. Without money changing hands, points being shaved, or clear competative advantage gained, how in Hades does all this rise to the level of MAJOR INFRACTIONS. This is trivea. Whatever Coach Pearl's personal and basketball sins, I hope he's back somewhere soon far exceeding positive expectations. In the absence of offences that amount to more than bad judgement, and judging from the amount of trash talking that followed him to UT, I still suspect more of a vendeta following him than we care to know. I hope the good he accomplished at UT outlives his oh-so-horrendous infractions. I suspect UT will be hit hard for lack of administrative supervision or whatever.

What the f#*#k is this all about?

johnlg00 writes:

in response to utvolfan:

There's no need for EITHER "(sic)" in the article. Maybe the KNS writer was using them because of the capitalization of the words, though I certainly wouldn't venture to explain KNS writers' concepts of grammar, punctuation, and other elements of composition.

In many contracts that I have seen, there is an opening paragraph in which the parties are named and described, and whether they are individuals or corporate entities, their names are capitalized. For example, it may say something like, "The party of the first part is the XYZ Company, hereinafter named 'the Company'". This is done so the names of the parties are highlighted for easy recognition without spelling out the full names throughout the remainder of the contract. This is not a rule of grammar but it is a common usage in legal contracts. I agree that for this reason and the grammatical rules for possessives, the use of (sic) is incorrect. As far as I can tell, the quotes in the article are taken from Pearl's contract with the University.

johnlg00 writes:

Correction: the quotes are from Pearl's separation agreement with the University, not from his coaching contract, which was never put into effect.

vol68 writes:

in response to Couchdummy:

I think you are correct.

From what I have read, (sic) occurs after a word in a quote that may have capitalization or misspelling. In this case I don't think it is necessary but the second (sic) referencing Agreement may be correct since agreement is not normally capitalized and is taken from the Agreement (sic). The hole (sic) Pearl thing steal (sic) makes me sic (sic) anyway. What a waist (sic).

easleychuck writes:

in response to Mark63:

You talk about stipulations. Once again no one can see that this has Hamilton's doing all over that document. I would of said no way that I would ever going to sign something that stupid. No mater how much they pay me to shut up. Here is my thoughts to coach Pearl, when he sits in that chair. I would whisle blow the very you know what out of Hamilton, and make him the fool that he is. I have said this before, and I will say it again. Ever since Hamilton was hire, he has done nothing but interfere with both programs recuitment, and he bolted before the NCAA meeting can occur. I would of investgate Hamilton, and what he was doing, while he was still AD at Tennessee. I am telling you now, he is more guilty, than coach Pearl.

Mike Hamilton is also the cause of global warming, acid rain, volcanic eruptions, divorce, high gas prices, and war in the Middle East.

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