Following the 2009 football season, University of South Florida’s (“USF”) head football coach, Jim Leavitt (“Leavitt”) was terminated for allegedly grabbing a student-athlete by the throat and striking him twice at halftime of a football competition held on November 21, 2009.  Leavitt vehemently denied the allegations, but was, nonetheless, terminated for cause in accordance with his contract by USF on January 8, 2010.  Subsequently, in March 2010, Leavitt (now a coach on the San Francisco 49ers’ staff) filed suit in Hillsborough County, Florida alleging claims for breach of contract, complaint for mandamus for access to requested public records, and declaratory and injunctive relief. 

On January 11, 2011, the parties announced a settlement to the dispute and released the settlement agreement executed by the parties.  In order to settle all claims, disputes, charges, and causes of action set forth by Leavitt or could have been set forth by Leavitt against USF, Leavitt received a lump sum payment of $2,750,000.00 comprised of $2,000,000.00 for one (1) year of salary and all benefits plus $750,000.00 for “building a highly competitive football program.”  The settlement agreement notes that non-state resources were used to fund the above-referenced payment.  In return, Leavitt agreed to dismiss his lawsuit against USF, not apply for employment or seek reinstatement with USF, and release all future claims against USF and not assist in any claims against USF.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.