By Austin Meek
Created August 10, 2009 at 3:14pm
Updated August 10, 2009 at 8:32pm
Add another $3 million to Ron Prince's potential price tag.
Prince's attorneys filed a counterclaim Monday in U.S. District Court seeking $3 million in punitive damages from Kansas State's athletics corporation, accusing the Intercollegiate Athletics Council of "wanton and malicious misconduct to the detriment of Mr. Prince" and his personal corporation, In Pursuit of Perfection.
The university's original lawsuit, filed first in Riley County and later amended in federal court, seeks to invalidate a $3.2 million buyout given to Prince, who was fired as K-State's football coach in November 2008. K-State claims former athletic director Bob Krause negotiated the expensive buyout without the university's knowledge.
Prince's attorneys contend that several high-ranking university officials, including former president Jon Wefald, had "actual or constructive knowledge" of Prince's separate buyout agreement.
According to Prince's counterclaim, Krause directed university attorney Jacqueline Butler to remove a line from Prince's employment contract stating that the contract represented "the entire agreement" between the two parties, allowing the contract to work in conjunction with the confidential buyout memorandum.
Wefald, deputy athletic director Jim Epps and associate AD Bob Cavello signed off on those changes, Prince's agent, Neil Cornrich, said in an e-mail to The Topeka Capital-Journal. Epps and Cavello were placed on paid administrative leave by new K-State athletic director John Currie in June.
"Ms. Butler removed that language from the 'public' contract specifically to allow for the type of legally binding contract that was signed between IAC and coach Prince," Cornrich said. "Coach Prince did not request such confidentiality, nor did he care whether the agreement was public, but accommodated the university's request."
Prince's attorneys also challenged K-State's claim that Krause was acting outside his authority as athletic director when he drafted the agreement. During the course of negotiations, Krause provided Cornrich with a copy of the IAC's by-laws as confirmation of his authority. According to Prince's counterclaim, those by-laws contained nothing that would prohibit Krause from negotiating on behalf of K-State.
If Krause did not have the authority to conduct such negotiations, then Prince was "fraudulently induced" into signing the agreement, his attorneys say.
Other assertions contained in K-State's amended petition and Prince's counterclaim:
-- K-State claims that, in contrast to previous negotiations, recently discovered communications between Cornrich and Krause were labeled "CONFIDENTIAL" and sent to no one at the university aside from Krause.
-- Butler filed a grievance with the Ohio and Kansas Offices of Disciplinary Counsel accusing Cornrich of improperly circumventing university attorneys during contract negotiations. Prince's attorneys say the grievance was closed July 15 with no findings against Cornrich.
-- Prince initiated contract negotiations in July 2008 by informing the IAC he was "not interested in being an 'interim coach'" and requesting "protection, time and opportunity to develop the program." Prince's attorneys say the university agreed Prince should be guaranteed the full value of the five-year contract he signed in August 2008.
-- Prince's attorneys say K-State's lawsuit amounts to breach of contract, meaning Prince would be entitled to $3.2 million in damages up front. The memorandum of understanding called for Prince to receive the money in installments beginning in 2015.
K-State referred all inquiries to university attorney Peter PaKSUtelis, who was unavailable for comment. Prince's attorneys have requested the trial be held in Topeka.
Edit: This quote by Cornish was in the original story, but Meeks edited it to take it out:
"Further, Cornrich said other athletic department employees -- including Krause, former athletic director Tim Weiser, associate AD Bob Cavello and football coach Bill Snyder -- had similar agreements with the university."
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