What a 'for cause' firing means, according to Bryan Harsin's Auburn football contract

Auburn football announced Bryan Harsin's hiring as coach on Dec. 22, 2020. One day later, Harsin's six-year contract with Auburn University was signed and became effective.

Harsin's future is in question 413 days after leaping to the helm of one of the SEC's most storied programs. The Montgomery Advertiser reported Feb. 4 that Harsin, in his first season as Auburn's coach, created "a divisive culture in which relationships with certain players were neglected and staff members felt ignored," according to multiple sources with direct knowledge of the inner workings of the program. Auburn finished 6-7, which included five straight losses to end the season.

There are more signs of dysfunction. Auburn did not sign a single prospect during the National Signing Day period earlier this month. Defensive coordinator Derek Mason took a $400,000 pay cut to move from Auburn to Oklahoma State after one season. Austin Davis, hired on Dec. 18 as the Tigers' offensive coordinator following Mike Bobo's departure after one season, resigned as Auburn offensive coordinator following 43 days on the job. In addition, 19 players have entered the transfer portal since season's end.

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Auburn released a statement on Harsin's status Monday, saying in part: "The Auburn administration is judiciously collecting information from a variety of perspectives, including our student-athletes, and moving swiftly to understand any issues in accordance with university policies and procedures."

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If Harsin is fired by Auburn, it will be either for cause or without cause. A termination without cause would require Auburn to pay a buyout — 70% of his remaining contract, which is $18.2 million, according to a copy of his contract obtained by the Advertiser.

If Harsin is terminated by Auburn for cause, the university would not owe Harsin any money, pending further legal action.

Such situations can be messy. In January 2021, Tennessee fired Jeremy Pruitt for cause after an internal investigation revealed evidence that Pruitt's staff engaged in conduct that could lead to serious NCAA rules violations. Pruitt was not paid his $12.6 million buyout. The former Vols coach has retained legal representation but has not yet filed a lawsuit despite his lawyer publicly threatening the action.

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What Bryan Harsin's contract states

So, what does Harsin's contract say about for cause termination? What is considered fair game for termination for cause?

Let's jump to Paragraph 21 in Harsin's contract, titled "TERMINATION FOR CAUSE".

"21. TERMINATION FOR CAUSE: The University may terminate Coach's employment prior to the end of this Agreement for cause, as follows:

A. Any violation by Coach of the agreements and covenants contained in Paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 19, 20

B. In the event Coach is determined to have engaged in conduct of a personal or criminal nature that casts Coach or the University in a negative light or otherwise jeopardizes or negatively affects student-welfare, as determined by the University."

Let's break this down. Paragraph 21-A details the following paragraphs, in summary form:

• Paragraphs 3 and 4 have to do with public endorsement deals and media rights appearances.

• Paragraph 5 deals with "publicity rights".

• Paragraph 6 explains that Harsin has to report any other outside income (i.e. camps or speaking appearances) to the University.

• Paragraph 7 is an acknowledgement that Harsin must "encourage and promote the academic mission" for students.

• Paragraph 8, titled Personal Conduct, says that Harsin and his public conduct should present himself and the University "in a positive light".

• Paragraph 10 says Harsin must "diligently promote the welfare of the University and its Football Program".

• Paragraph 11, titled 'Coaching staff'' dictates that Harsin is allowed to manage his coaching staff, which includes hiring and firing.

• Paragraphs 19 and 20 are under the 'Compliance' header of the contract. Paragraph 19, in summary, dictates that Harsin can be suspended by the university or the NCAA for rules violations, while Paragraph 20 details that Harsin can be fired without cause or suspended with impacted pay due to "knowing, reckless or negligent commission of Rule Violation(s)" or concealing an NCAA violation that he was made aware of on his coaching staff, or should have been made aware of.

Paragraph 21-B is a gray area that has historically required a burden of proof should Harsin seek legal remedies for any remaining salary if he is fired for cause. Auburn's judicious collecting of information and the result of that would determine what grounds the university would have to fire Harsin for cause.

What does Auburn have to do to fire Bryan Harsin for cause?

Back to the continuation of Paragraph 21 in Harsin's contract.

The rest is mostly a procedural paragraph, detailing that the university must provide written notice and specific details of the grounds for termination and that the university won't be bound by the remaining salary on the contract if Harsin is terminated for cause.

But this portion also stands out:

" The University acknowledges that it will act in good faith with respect to this contract provision and the other contract provisions referenced in this Paragraph, and in that regard, does not intend for this Agreement to be terminable for immaterial violations of the provisions referenced in this Paragraph."

The contract states that Auburn must act in good faith and the intension is not to fire Harsin for "immaterial violations," which again is another gray area. What is and isn't considered immaterial violations of provisions could be the focus of any post-termination legal battle.

Did Bryan Harsin violate his contract?

Auburn will, presumably, make a decision on Harsin's status and give its reasoning as to why. The university released its last statement about Harsin on Monday, and it would make sense to tie up that loose end either way.

The Advertiser's report from Sunday detailing the divisive culture inside the Auburn football program (and comments from outgoing players) could draw the ire of university administrators and invested boosters, but does a divisive culture meet the standard of a for-cause firing?

It depends on what Auburn finds in its inquiry, what Auburn reveals it has found and, likely, what the risk is for any legal battles to play out.

Bryan Harsin's contract with Auburn University by USA TODAY Network on Scribd

This article originally appeared on Montgomery Advertiser: What can Bryan Harsin be fired 'for cause' by Auburn Tigers football?