Tattoogate has had a profound effect upon the Jim Tressel era at Ohio State University (OSU). The NCAA Division 1 Committee on Infractions' ruling was announced on December 20, 2011, and included a one-year Bowl ban for the 2012 Bowl season, three years of probation from December 20, 2011 through December 19, 2014, the forfeiture of nine scholarships during the three-year probation period, and a finding that Jim Tressel had engaged in unethical conduct resulting in a show cause penalty of five years for committing violations, including lying to the NCAA and failing to report violations. The history and findings relative to Tattoogate can be found in my article entitled Tattoogate dated January 10, 2012. But Tattoogate has also impacted the contractual relations between OSU and its successor coach, Urban Meyer. Meyer executed an Employment Agreement with OSU on June 8, 2012. The contract is worth approximately $4.44 million per year over six seasons through the 2017 season. It includes retention bonuses in 2014, 2016 and 2018 for a total of $2.4 million
On March 26, 2008, Matt Brady became the men’s basketball coach at James Madison University (JMU). He was formerly the head coach at Marist College, compiling a 73-50 record in four years. Marist is a private institution located in Poughkeepsie, New York. Brady was employed pursuant to a head coaching contract with Marist that was entered into on July 1, 2007 and was to expire on March 31, 2011. Brady’s contract contained two covenants with respect to termination of employment that are the subject of this article. In the first instance, Brady was precluded from entering into any employment discussions with any other collegiate or professional basketball program and from accepting a head coaching position with any program without the prior written consent of Marist. In addition, if Brady’s contract was ultimately terminated for any reason, including Brady accepting another coaching position pursuant to such written consent, Brady agreed to (1) return all basketball program records and files, (2) end any and all contact with Marist basketball program recruits, and (3) not offer a scholarship to current Marist basketball players nor any persons that he or his staff recruited to play basketball at Marist.