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This week's ABOR meeting and Heeke's raise/extension

Matt Moreno

Senior Editor
Staff
Aug 8, 2011
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Tucson, AZ
arizona.rivals.com
It has been a busy day, but today the Arizona Board of Regents released its agenda for this week's meeting on campus at UA. Among the items that will be voted on will be a contract extension for Arizona athletic director Dave Heeke that will also come with a pay raise. The vote will be taken Thursday at around 2:20 p.m. but the ABOR will meet over the course of the next three days.

Per the agenda item, Arizona is seeking to extend Heeke's contract by one year meaning he would be under contract until March 31, 2023 as a result of the new terms if approved by the ABOR. With that extension he would also receive a raise of $100,000 taking his base salary up to $750,000 up from his current annual salary of $650,000.

Here is an outline and some background of the discussion topics taken directly from the executive summary of the agenda.

• Heeke is strongly supported by President Robbins, UA head coaches, and the Tucson community. Extending Heeke’s contract now will demonstrate UA’s commitment to Heeke and to the leadership he has shown in bringing about organizational changes within UA’s Intercollegiate Athletics department.

• Based on due diligence, UA is not aware of any issues negatively affecting Heeke’s employability, including but not limited to NCAA violations, claims, litigation, allegations of wrongdoing, or significant press controversies related to his employment at UA or his prior employment at Central Michigan University.

• The First Amended Multiple-year Employment Contract will follow the new template adopted by UA for all multiple-year head coaching contracts, and includes enhanced provisions regarding NCAA compliance, Title IX responsibilities, and termination for cause.

• The First Amended Multiple-year Employment Contract provides for a retention payment of $100,000 if Heeke remains employed by UA through March 31, 2021, (four years from commencement of his employment) and an additional $100,000 if he remains employed through March 31, 2022 (five years from commencement of his employment).

• In addition to the compensation set forth above, Heeke will receive all employee related benefits normally available to University employees. He will receive additional benefits, including tickets to UA sporting events, a country club membership, use of two courtesy automobiles, and permitted guests and travel to post-season sporting events.

There were also a number of incentives that were included with the summary that will reward Heeke for different levels of success for the various programs on the field.

As for the termination outline, here is a closer look at that.

Termination without cause

- Termination by UA Without Cause – UA will pay the balance of Heeke’s Base Salary for the term, offset by any amounts earned by Heeke if employed elsewhere in collegiate athletics as an athletic director or consultant to a university athletic director during the remainder of the term.

- Termination by Heeke – Subject to waiver by the President, Heeke will pay the University $200,000 if he leaves voluntarily before the expiration of his term.
Duties and termination for cause

- Heeke’s duties will include supervising, planning, promoting, and coordinating the interests and activities of UA’s Department of Intercollegiate Athletics, including but not limited to overseeing all personnel in the department, responsibility for all administrative duties, promotion of the department, and ensuring compliance with applicable UA, Pac-12, NCAA, and other applicable policies, rules, and regulations. Heeke’s duties will also include meeting goals and expectations as set annually by the President.

- The Contract may be terminated for cause, in which case the University will be liable only for Heeke’s salary and incentive payments earned as of the date of termination. Additionally, if Heeke violates NCAA or Pac-12 Conference regulations, he may be liable to UA for actual damages up to $250,000 and would be required to return sums earned as athletic performance bonuses that related to the violation. Cause includes but is not limited to:

(a) Demonstrated fraud or dishonesty, whether occurring prior to or during the term;

(b) Substantial neglect of program duties, additional duties, and any other obligations set forth in the Contract, or any other assigned duties or obligations, including without limitation Heeke’s supervision of staff, or his failure to improve his conduct after attempted correction by UA;

(c) Personal conduct, whether occurring prior to or during the term, that substantially impairs Heeke’s fulfillment of program duties, additional duties, any other obligations set forth in the Contract, or any other assigned duties or obligations;

(d) Conduct by Heeke, including without limitation unethical or immoral conduct, whether occurring prior to or during the term, that materially and adversely affects the reputation of UA or UA’s Athletics Department;

(e) Substantial physical or mental incapacity to perform program duties or additional duties, giving due consideration to the nature and duration of the incapacity;

(f) Conviction of, or a plea of no contest to, a criminal act that constitutes a felony, a misdemeanor involving moral turpitude, or any other criminal conviction or plea of no contest that reflects adversely on Heeke’s fitness to serve as Athletic Director, whether occurring prior to or during the term;

(g) Any violation of the compliance responsibilities and any material violation of any other provision of the Contract, or any material violation of applicable UA or board policy;

(h) Engaging in unreasonable conduct in willful disregard or deliberate indifference to the welfare and safety of UA’s student-athletes, including failure to adhere to the NCAA principle of student-athlete well-being;

(i) Failure of Heeke to fully and promptly cooperate with UA, the NCAA, or the Conference in any investigation of possible violations of an NCAA, Conference, or University constitution, bylaw, policy, procedure, rule, or regulation; and

(j) Any act or omission, whether occurring prior to or during the Term, that the University determines constitutes (A) a violation of an Applicable Rule by Heeke, (B) a violation of an Applicable Rule by Staff or any other person which Heeke knows about or should have known about and does not immediately report as required by this Agreement, or (C) a violation of an Applicable Rule for which Heeke is otherwise responsible pursuant to Applicable Rules.
So for those assuming Heeke is on his way out the move to extend his contract and give him a raise says otherwise.
 
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