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The Honolulu Advertiser
Updated at 12:10 p.m., Friday, February 15, 2008

CBKB: Indiana plans new probe of Sampson

By TERRY HUTCHENS
and MARK ALESIA
The Indianapolis Star

INDIANAPOLIS — Kelvin Sampson will be coaching Indiana University's basketball team for at least another week, and probably longer.

IU President Michael McRobbie announced today that the school will undertake a new investigation into allegations against Sampson. Athletic director Rick Greenspan is to make a recommendation within seven days.

"I really can't pre-judge what will happen," McRobbie said in response to a question. "These are serious allegations of misconduct."

In the meantime, Sampson will continue to coach the Hoosiers, who play Michigan State on Saturday night.

McRobbie will make the final decision, a source close to the situation told The Indianapolis Star. University trustees have been kept updated by the president.

If Greenspan recommends that Sampson be fired, Sampson's contract calls for a 10-day appeal process to challenge the termination. At that point, IU would suspend him from coaching duties

An NCAA report released Wednesday said Sampson knowingly violated telephone recruiting restrictions and then lied about it to university and NCAA investigators. Sampson's seven-year, $7.3 million contract expires in 2013. Sampson's seven-year, $7.3 million contract expires in 2013.

Sampson's contract allows IU to fire him "with just cause" and owe him nothing beyond that month. Among the definitions of "just cause" is a "significant, intentional, repetitive violation of any law, rule (or) regulation" of the NCAA — which basically mirrors the charges against him.

But experts say it's not that simple for the school.

Rick Karcher, a sports law expert at Florida Coastal School of Law, warned that "these are just allegations" and said that if IU fired Sampson right away, it could expose the school to a wrongful-termination lawsuit.

He said IU would be in a stronger position to fire Sampson with a decision against the coach from the NCAA Committee on Infractions. But that committee's hearing isn't until June 14. A decision isn't expected to be released until July or August.

Another definition of "just cause" in the contract is "failure to maintain an environment in which the coaching staff complies with NCAA ... rules."

Karcher said basing a firing just on an "environment" of rule-breaking "runs the risk that a jury will want more proof."

"IU is in a unique situation," Karcher said. "Doing nothing makes them look bad. But doing something now is not in their best interest if you're an attorney representing Indiana."

In 2006, former Ohio State men's basketball coach Jim O'Brien won a $2.2 million judgment in a wrongful-termination lawsuit against the school after he was fired for an NCAA violation. The school is appealing the decision to the Ohio Supreme Court.

In 2002, former IU coach Bob Knight sued the university for $2 million, saying it failed to follow proper procedures for firing him. Knight later dropped the case.

McRobbie has conferred with his top legal adviser and other key administrators.

The first-year president is weighing his own disappointment over the allegations and the need to handle a personnel matter appropriately, said Larry MacIntyre, assistant vice president for communications.

"The president is very much aware of the public sentiment right now," MacIntyre said early Thursday. "He knows that our fans are disappointed, and he is equally disappointed. But he has a responsibility to do things in a manner that (is) legally and ethically right."

McRobbie faces two conflicting desires: to follow due process to treat employees as they legally must be treated, and to act quickly to reassure the public and protect the institution.

Contributing: Indianapolis Star reporter Andy Gammill