Sports

Colleges

Fired then cleared, coach sues FAMU

By BRIAN LANDMAN
Published February 3, 2006

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TALLAHASSEE - For former Florida A&M football coach Billy Joe, vindication did not mean victory.

At least not yet.

Attorneys for Joe filed a breach of contract lawsuit Wednesday against the school to regain lost money, probably about $250,000 in salary and benefits. That came on the very day he had his reputation publicly restored by the NCAA, which unequivocally cleared him of violating rules.

"I'm totally exonerated," he said. "I'm completely elated. I'm excited about the outcome."

And yet it's not over.

"Well, hopefully FAMU will come forward and communicate with my attorneys and we can put this behind us," he said.

Joe's annual salary was $135,000 and he had nearly 19 months remaining on his deal when FAMU abruptly fired him June 14, serving him up as one of the main culprits for a massive number of alleged rules violations.

But in a letter dated Jan. 25, Gene A. Marsh, the chairman of the NCAA Division I Committee on Infractions, told Joe that his group "did not name you in any findings of violations or impose any penalties against you. Your name will not be included in our list of individual record files."

The world learned that Wednesday, along with the NCAA's decision to put FAMU on four years' probation for a lack of institutional control. FAMU officials, relieved and jubilant that the sanctions weren't far worse, nonetheless continued to implicitly point a finger at Joe.

To them, how they dealt with personnel matters was solely their call, regardless of what the NCAA said or what Joe's contract spelled out - that it could be canceled immediately if he were involved in any "major NCAA violations."

"That's what shocked him the most," said Mark E. Walker, Joe's Tallahassee-based attorney. "We could have filed the lawsuit in June. But his rationale was, "Surely once the NCAA exonerates me, they'll (FAMU officials) do the right thing.' "

The lawsuit alleges FAMU breached Joe's contract by terminating him even though he was not involved in any major rules infractions and essentially used him as a scapegoat.

"Although FAMU is in breach, even if this were just an honest mistake, it appears that FAMU falsely accused Coach Joe of such wrongdoing to deflect the NCAA's attention from FAMU's own wrongdoing," Walker wrote.

At Joe's behest, Walker said he tried last summer to quietly and amicably negotiate a settlement and, to not drive up any figure to cover his fees, he said he would work for free. But attorneys for the school refused to meet with him.

So far, nothing's changed.

"It's mind-boggling to me," Walker said. "It's their hubris that gets me. It's the arrogance."

Joe, 65, hopes to return to college as a head coach as soon as possible. He is realistic, however, cognizant that the window for jobs is usually from late November until early January. That means he likely lost two years of coaching, at least.

"I'm still healthy, still energized, still focused and still committed," he said. "I love the game. I love football. Don't be surprised if you see me as a volunteer or as an assistant coach or the water boy for a Pop Warner team."

ALABAMA: Coach Mike Shula's wife, Shari, gave birth to their third daughter Wednesday morning. Ryan Lucy Shula weighed 6 pounds, 15 ounces.

CALIFORNIA: Northwestern offensive coordinator Mike Dunbar was hired to fill the same position. Coach Jeff Tedford calls the plays and tutors the quarterbacks, but Dunbar will be his top assistant in game-planning.

WISCONSIN: Junior running back Booker Stanley, suspended since he was arrested in December on charges of sexual assault, battery and bail jumping, was kicked off the team.

Other sports

BASEBALL: USF's Matt McHargue will miss 4-6 weeks because of a fracture in his right hand. The senior first baseman/designated hitter from Wharton was hit by a pitch during an intersquad game Tuesday.

SOFTBALL: For the ninth straight time, Florida State was picked to win the ACC in the preseason coaches poll.

MASCOTS: NCAA president Myles Brand said the ban of American Indian mascots and images in postseason competition will remain firm despite resistance from schools that would be affected. Brand said part of the NCAA's mission is to protect values.

"One of the values we hold dear is respect for everyone," he said. "Some of the mascots, names, costumes and other acting out about Native Americans is very hostile and uncomfortable - mostly for Native Americans but others as well."

Asked why Fighting Irish is acceptable at Notre Dame, Brand said, "We've never had any Irish people come to us and say we find that offensive. The American Psychological Association said it's harmful to Native Americans to have these images. The U.S. Civil Rights Commission has said the same thing. We have cases where real people are being offended, not make-believe leprechauns."

Information from Times wires was used in this report.

[Last modified February 3, 2006, 01:25:14]

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