Sports
Former Ohio University head football coach Brian Smith files a wrongful termination and breach of contract lawsuit against Ohio University
By: Evan Johnson, Ty Carpenter
Posted on:
ATHENS, Ohio (WOUB) — Former Ohio University head football coach Brian Smith filed a wrongful termination and breach of contract lawsuit against the school Friday. The complaint, filed in the Ohio Court of Claims, seeks compensatory damages. The lawsuit comes after Ohio terminated Smith “for cause” in December, alleging he was intoxicated in a public appearance and had a romantic relationship with an undergraduate student, violating his contract.
“This case arises from Ohio University’s … decision to destroy the career and reputation of its head football coach first and justify it later.” Smith’s lawsuit says.
The lawsuit states termination was rushed and before any true investigation, causing damage to his wealth and career before he had a meaningful opportunity to respond. “In a matter of days and without completing any meaningful investigation, the University … publicly linked his name to allegations of sexual misconduct, moral turpitude, and professional unfitness.” the complaint reads. “Those allegations were never adjudicated, never proven, and never subjected to the fair and contractual process OU promised.”
The lawsuit includes his employee agreement, which clearly states, “No termination for cause will occur without first giving Head Coach notice in writing of the allegations against Head Coach and an opportunity to respond and be heard.” Smith argues the university violated this term of his agreement as it required “good-faith determination”, alleging the university was trying to avoid paying the balance of his contract, which a “termination ‘without cause’” would have required them to pay.
Smith signed a five-year contract with Ohio University in December 2024 that included an annual salary of $615,000 with supplemental compensation of $135,000, among a host of other bonuses. He seeks compensatory damages “for the full amount of his contract”, as well as consequential damages, interest, additional fees and any further relief “as may be just and proper under Ohio law.”
Ohio University’s employment agreement states “If Ohio University terminates this Agreement not for cause on or before December 16, 2026, University shall pay to Head Coach a sum equal to One Hundred Percent (100%) of 2026, University shall pay to Head Coach a sum equal to One Hundred Percent (100%) of the daily rate of pay (Base Salary divided by 365) multiplied by the number of days the daily rate of pay (Base Salary divided by 365) multiplied by the number of days remaining between the termination effective date and December 31, 2029.”
Smith’s attorney, Rex Elliott, claimed that Smith’s rebuttal, which was submitted on Dec. 16, was ignored. “Despite Coach Smith’s refutation of the allegations, OU did nothing before it terminated him for cause. It did not interview witnesses. It did not request clarification. It did not make findings. OU also did not allow Coach Smith an opportunity to be “heard” as required by the Agreement.”
On Dec. 17, Ohio University President Lori Stewart Gonzalez sent a letter to Smith, which terminated his employment “for cause.” The first reason alleged that Smith had an extramarital affair with an undergraduate student. Elliott disputed those alleged claims, saying “Coach Smith and his ex-wife were separated, living apart, and in the midst of divorce proceedings, the time of his lawful, consensual relationship with an adult student over whom he had no authority or evaluative control over.”
The other reason for his termination was the use of alcoholic beverages that impaired Smith’s ability to perform Head Coach duties. On Nov. 25, Ohio University issued Smith a written reprimand alleging a technical violation of University Policy. After wins, Smith and other assistant coaches would toast the win with a single drink of bourbon. Elliott claimed that the alcohol consumed was gifted from President Lori Stewart Gonzalez’s husband and that the violation was not a proper justification for terminating the agreement.
(Read the full summary of Smith’s termination here)
All information provided is attributed to Smith’s attorney, Rex Elliott’s office. This is a breaking story, and any additional information will be added as it is released.