Rumor going around that Mike Slive

[milton14]

This.  What people have to understand is this....at Arkansas winning is not the #1 first and foremost goal. 

Other SEC schools take a different approach.

you r correct.  +1

[Aston Martin 8 dude]

Which of the following protected classes does Coach Petrino belong?

Employment discrimination happens when an employee is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age.

There are more than enough cases that have been filed for defamation of character. If he could prove that such comments had a direct impact on his opportunity to be considered/hired he just MIGHT have a case. I'm not saying he would win the suit or that it's necessarily right, however, we see lawsuits filed all the time for all sorts of reasons.

[milton14]

Auburn's 24/7 mod Phillip Marshall is apparently confirming this rumor.

yea just to make it look good. They will turn around and hire him the day they fire Gene. Went to the Auburn game and there was just to much Petrino talk from alot of fans.

[Hawg Balling]

There are more than enough cases that have been filed for defamation of character. If he could prove that such comments had a direct impact on his opportunity to be considered/hired he just MIGHT have a case. I'm not saying he would win the suit or that it's necessarily right, however, we see lawsuits filed all the time for all sorts of reasons.

If Bobby Petrino didn't sue ESPN in 2008 for dragging him through the mud on a near-daily basis (words like "disingenuous drifter" were thrown around) or the University of Arkansas for the entirety of his buyout, he's not suing the Southeastern Conference for an alleged gentleman's agreement that was supposedly uncovered by a message board. 

[TOM "tbw1"]

Because if Bobby could create a case that after a league office directed edict that schools were purposely discouraged/restrained from seeking his employment a suit could possibly be won. Not saying it would, however, if someone can make a case that their potential employment has been blocked or stongly discouraged there could be a potential for a civil action. This is particularly true assuming the coach in question hasn't been convicted of any NCAA violations or breaking of other rules. Adultry would NOT be among those considerations.

Coach Petrino was removed for cause, including abused his authority by making a staff decision and personal choices that benefited himself and jeopardized the integrity of the football program,  misleading the public and engaging in a pattern of misleading and manipulative behavior designed to deceive.

Plenty of reason to not be rehired by any school.

[regi]

Coach Petrino was removed for cause, including abused his authority by making a staff decision and personal choices that benefited himself and jeopardized the integrity of the football program,  misleading the public and engaging in a pattern of misleading and manipulative behavior designed to deceive.

Plenty of reason to not be rehired by any school.

For you 42 Petrino or death diehards, this sums it up for you. The end.

[DeltaBoy]

I would put anything past Slive!

[Aston Martin 8 dude]

Coach Petrino was removed for cause, including abused his authority by making a staff decision and personal choices that benefited himself and jeopardized the integrity of the football program,  misleading the public and engaging in a pattern of misleading and manipulative behavior designed to deceive.

Plenty of reason to not be rehired by any school.

Again, I'm not saying he'd win such a case. I'm just saying he might feel he'd  be able to make such an argument in court. All-in-all I'm just not convinced the league's honcos would want to take the chance of such.

[Hawg Balling]

Other than the OP, has anyone given one thought to the fact that this is a friggin rumor? 

People on Hogville are worse than children in terms of absolutely believing anything they've read or been told. 

[TOM "tbw1"]

There are more than enough cases that have been filed for defamation of character. If he could prove that such comments had a direct impact on his opportunity to be considered/hired he just MIGHT have a case. I'm not saying he would win the suit or that it's necessarily right, however, we see lawsuits filed all the time for all sorts of reasons.

As a public figure Coach Petrino would have to prove the elements of a cause of action for defamation including:

A false and defamatory statement concerning another; The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and Damage to the plaintiff.  If a public figure the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth.

Truth would be an absolute defense.

[56Hog]

The whole idea is nonsense.  The SEC has an economic incentive to see Bobby Petrino back coaching on an SEC sideline.

[Aston Martin 8 dude]

As a public figure Coach Petrino would have to prove:  That the statement was made with "actual malice". In translation, that means that the person making the stateme the elements of a cause of action for defamation include:

A false and defamatory statement concerning another; The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and Damage to the plaintiff.  If a public figure the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth.

Truth would be an absolute defense.

Whatever! Again, I'm NOT saying he would or could win such a case if brought against the league. I refuse to waste my time arguing with you. We could until the "cows come home" and nothing would be resolved except a continuing waste of words I rather doubt the rest of the folks on this board would care about.

[RazorHawg16]

This rumor is complete trash can material.

From Phillip Marshall (Auburn writer)
"At no time have I said on this site that Mike Slive or anyone else told anyone they could not hire Bobby Petrino. I am aware of the reports. I cannot confirm them. What I have said is that I don't expect Petrino to be in the SEC next season. I have at no time said it s 100 percent certain that will be the case. That is my opinion based on what I've been told."

[razorsharptusk]

I don't see where they would care one way or the other.  Had we kept him, they wouldn't have cared, so why should they care if some other school wants to take a chance on him? The school is the one taking the risk, not the league.  Arkansas would have suffered the ramifications of keeping BP on board, according to Long, not the SEC.  I just don't see this being true.  But that's me.

[BorderPatrol]

yea just to make it look good. They will turn around and hire him the day they fire Gene. Went to the Auburn game and there was just to much Petrino talk from alot of fans.

Haha.....about like going to an Arkansas game and hearing Gruden's name all over the stadium.

bp

[(notOM)Rebel123]

Even if Slive, or someone in the SEC office speaking on his behalf, did make this "suggestion"...do you think he's stupid enough to send an email, letter, or even a text? Good luck finding that "smoking gun".

[Broadway Rob]

No way it's true.  Talk about law suit material.

Disagree.  He would have no basis for this.

[Hoggish1]

has advised TN, UK, and Auburn that the SEC office would be against a Petrino hire if there are openings at those schools.

Something that started back in Destin amongst the AD's, as a kind of gentleman's agreement that if any school had an opening this year they wouldn't consider Petrino.

We'll see if a school disregards the SEC office wishes. The SEC, much like the NFL, is concerned with protecting their brand.

Let me see now.  You are saying the SEC is trying to blackball BP?  Think about throwing out tripe like that and what it says...

[Hawg Balling]

Haha.....about like going to an Arkansas game and hearing Gruden's name all over the stadium.

bp

No doubt there are a few fans of other schools living in Arkansas, listening to Drivetime Sports, and telling their friends back home "I'm hearing a lot of their fans calling for Jimmy Johnson or this guy named David Bazzel." 

[IronHog]

has advised TN, UK, and Auburn that the SEC office would be against a Petrino hire if there are openings at those schools.

What is he going to do... have the SEC officials call the game straight for Auburn?

[Hoggish1]

3 Boars, I think I misunderstood You.  You are actually saying that Slive wants to make it possible for only Arkansas to hire Petrino. 

Thanks.  Carry on...

[Cartoon Man]

We will see in Dec., if this is true.

[dynastyhog]

If true, this is great news for us.  I was going to hate watching BP at another SEC school.

[NaturalStateReb]

This sounds suspiciously like prepping the Auburn fan base for not hiring Petrino.  Probably plays better on the Plains than saying, "He had too much baggage, so we hired someone else."

[razorback3072]

To advise someone on who to hire would be pushing the legal aspects pretty hard. Bobby Petrino was not sanctioned or fined and broke no laws that he was prosecuted for nor charged with anything. It would be a bad idea based on no legal precedent to make such a recommendation. This is total fabrication.

"blackballing" occurs everyday in the real world. This is basically no different and their is no legal action that can be taken unless Petrino could prove some sort of slander.

In addition, you can't sue because a school refuses to interview you.

[Rockpig5]

This.  What people have to understand is this....at Arkansas winning is not the #1 first and foremost goal. 

Other SEC schools take a different approach.

I disagree.  I think that winning is the #1 goal, but at what cost....

[Smithian]

what grounds could he sue?

Seriously.

I can see that court case now...

"Judge, my client, Mr. Petrino, has been blacklisted by Southeastern Conference institutions on the grounds he lied to his boss and then repeated that lie to the media. He was then fired. Now other institutions are using that as a reason not to hire him. This is wrong!"

[cade321]

It would seem more like the University(-ies) to which this has been recommended would have a bigger case for a lawsuit, as they are truly the ones threatened.  To my uneducated self, it sounds more like coercion than any type of infraction of fair hiring practices.  I would get the best coach I could, and if they felt like they were being targetted or not treated similarly to other members of the SEC after the fact (based on income splits, bowl placement...things based on numbers and reality), then I would deal with it at that time.

Outside of sheer disregard for the law, or probationary terms doled out by the NCAA, the SEC doesn't have any more legal right to say what University employs whom, any more than what plays a team runs on 3rd and short.  Unless there's some fine print that says the SEC can do those things to its' member institutions, then disregard everything I said.

[ark30inf]

A court might take a "suggestion" from Slive as a use of his power to restrain Mr. Petrino from gaining employment in his chosen field of endeavor.  You might be hearing leaks of it because individual school's might not want to participate in such restraint lest a court consider it collusion to restrain Mr. Petrino from gaining employment in his chosen field of endeavor.

Nonetheless, probably the best thing for him at the moment is to take that Idaho job.  They are desperate and it's close to Montana.

[Hawg Balling]

Nolan Richardson sued a university and never got job in college basketball again, yet people act like Bobby Petrino could sue a conference and still waltz into the Texas, Tennessee, or Auburn jobs. 

Just unreal.   

[Iwastherein1969]

what grounds could he sue?

The Court House grounds....what grounds do you think we be standin' on ?

ad: an old, old PIGMEAT MARKHAM line in his famous "HERE COMES THE JUDGE SKITS"

[lightsout]

Tortious interference with prospective economic advantage.

Plus state (and maybe federal) antitrust laws dealing with agreements in restraint of trade.

[3BoarsDown]

3 Boars, I think I misunderstood You.  You are actually saying that Slive wants to make it possible for only Arkansas to hire Petrino. 

Thanks.  Carry on...

Everyone with a brain knows that will never happen so Slive doesn't need to waste any thought on it.

[idochog]

This would be much like the baggage that Matt Jones had and that got him blackballed out of the NFL

[JethroB.]

I heard some things about Slive's opinion of Petrino BEFORE the motorcycle incident that lead me to believe this could very well be true.  Even heard a rumor that Slive had threatened to uninvite Petrino from SEC meetings based on a couple of incidents that sounded similar to the Cotton Bowl stories.  Heard these things probably a year ago from sources outside Arkansas (ironically a group of Tennessee politicos and an Auburn guy) and dismissed them at the time as other schools being jealous of Petrino and our success, but lines up with this rumor. 

What happened with Petrino at the Cotton Bowl? I've read where people referenced this but haven't been able to find anything about it online.

[PORKULATOR]

So many angles to sue if this were true. SlIve is a POS, but he isn't that stupid.

[MiHogsMi]

what grounds could he sue?

Blacklisting Laws.

Blacklisting:
Arkansas employers are prohibited from engaging in blacklisting, which is the practice of circulating or distributing the names of employees who are considered to be undesirable. Blacklisting constitutes a misdemeanor. Ark. Code Ann. § 11-3-202.

[ballz2thewall]

If this was remotely true, which it is not, then BP would have a cause of action to sue the SEC for millions of dollars. I wouldn't think the SEC would want to expose themselves to that sort of liability.

under what theory?  you need a law degree prior to proffer opinions such as this. maybe you have one.

defamation is the only possible plausible theory and he would certainly lose that.  he has no property interest in prospective jobs and there is no constitutional factor at all.

if the SEC has a pow-wow and says we don't want BP there's not a damn thing he can do about it.

[razorback3072]

Blacklisting Laws.

Blacklisting:
Arkansas employers are prohibited from engaging in blacklisting, which is the practice of circulating or distributing the names of employees who are considered to be undesirable. Blacklisting constitutes a misdemeanor. Ark. Code Ann. § 11-3-202.

Slive was not the employer.

[BartIV]

I heard some things about Slive's opinion of Petrino BEFORE the motorcycle incident that lead me to believe this could very well be true.  Even heard a rumor that Slive had threatened to uninvite Petrino from SEC meetings based on a couple of incidents that sounded similar to the Cotton Bowl stories.  Heard these things probably a year ago from sources outside Arkansas (ironically a group of Tennessee politicos and an Auburn guy) and dismissed them at the time as other schools being jealous of Petrino and our success, but lines up with this rumor. 

Fill me in on the Cotton Bowl stories...

[ballz2thewall]

Slive was not the employer.

also, the statute does not create a private civil cause of action.  moreover, what do people think job references are used for?

unless he has a property right, and he doesn't, or a constitutional claim, and he doesn't, he has no threat against the SEC.

[Hawg Balling]

Fill me in on the Cotton Bowl stories...

http://lmgtfy.com/?q=Bobby+Petrino+Cotton+Bowl+officials

[MiHogsMi]

Slive was not the employer.

Quid pro quo blacklist??? 

You're right.  I just don't like the sound of Slive, or anyone in a position of authority abusing ones authority as suggested.  Leave it up to the individual college AD's to self determine who they want and who they don't want.

[razorback3072]

also, the statute does not create a private civil cause of action.  moreover, what do people think job references are used for?

unless he has a property right, and he doesn't, or a constitutional claim, and he doesn't, he has no threat against the SEC.

This is a point I was about to make.  If someone gives you a bad reference & the employer doesn't hire you, you can't sue the employer. People are also assuming, like you say, he has a shot at the jobs. If schools don't contact him, that's their right. Doesn't mean he has a lawsuit.

[Hawg Balling]

Quid pro quo blacklist??? 

[hobhog]

BP is damaged goods. ADs around the conference, and the country, will think VERY hard before hiring him. He is a PR nightmare, and any AD that hires him puts himself in BP's shoes. Not going to happen.

[MiHogsMi]

moreover, what do people think job references are used for?

Job references are used to paint the prospective candidate in the most favorable light one can to secure a job.

When giving references, former employers usually have a carefully scripted comment about an ex employee when information is requested from a third party.

[RT1941]

I think this got its start over at the Auburn board.  Doubt there's anything to it.

It got started on an Auburn board where the Aubs claimed Nick Saban called Slive and expressed his concern and said Petrino shouldn't be hired by Auburn or any other SEC because it would be bad for the SEC. 

Just a bunch of BS, Like Saban is afraid of Bobby Petrino or Auburn.  Pfff

[razorsharptusk]

Just a bunch of BS, Like Saban is afraid of Bobby Petrino or Auburn.  Pfff

Or Slive for that matter.  Remember, you are talking about Mr. Football of the SEC.

[ballz2thewall]

Job references are used to paint the prospective candidate in the most favorable light one can to secure a job.

When giving references, former employers usually have a carefully scripted comment about an ex employee when information is requested from a third party.

that may be, but giving a negative reference does not expose one to liability unless constitutional lines are crossed [there are a limited number of other exceptions but none apply here]. BP is not in a legally "protected" class.  getting together and opining "we don't want this guy" is not going to expose anyone under the circumstances.