MSU-Mankato FB Coach Arrested

[Nidaros]

Re: MSU-Mankato FB Coach Arrested

As a non-lawyer, I'm guessing that quite a few people have been suspected or accused of wrongdoing, been cleared and never collected a dime. If authorities acted in good faith, it probably will be very hard to find them liable of anything. One lesson seems obvious: If you're going to take pictures of your naked children (or anyone else not clothed), use your own camera/phone. Do not use state-owned equipment and do not turn it into a taxpayer-funded, public university office for repairs.

Maybe these suspected or accused never hired an aggressive attorney who would take their case to court. This does not make the accuser right. Somehow its wrong to get enrichment from a court settlement?

As far as the state policy, I would think it would depend on the exact wording. There might be a clause or an exception for personal use.

I know I worked for the Fed for 20 years and they had all sorts of rules about using government property. Seldom were these rules enforced, which does not get me or any one else off the hook. I guess its sort of like gun control laws.

The one issue that can not be avoided is the charges and subsequent dismissal of charges and the resulting damage, and is what the coach would want to see resolved or maybe having all court records and police reports sealed forever would be another solution so that the coach could go on to his next job. If not for Jimmy Rogers being available, I would have no problem with Stig hiring this guy.

[joeboo22]

Re: MSU-Mankato FB Coach Arrested

Maybe these suspected or accused never hired an aggressive attorney who would take their case to court. This does not make the accuser right. Somehow its wrong to get enrichment from a court settlement?

As far as the state policy, I would think it would depend on the exact wording. There might be a clause or an exception for personal use.

I know I worked for the Fed for 20 years and they had all sorts of rules about using government property. Seldom were these rules enforced, which does not get me or any one else off the hook. I guess its sort of like gun control laws.

The one issue that can not be avoided is the charges and subsequent dismissal of charges and the resulting damage, and is what the coach would want to see resolved or maybe having all court records and police reports sealed forever would be another solution so that the coach could go on to his next job. If not for Jimmy Rogers being available, I would have no problem with Stig hiring this guy.

I do think he should get paid some, I don't think they handled things right once he was cleared. (though again much of that is being non-disclosed) I just think millions is high and saying they ruined his name is wrong. If I was an administrator I probably would have done the same thing in the same position.

As for a future job, my guess is his lawyer is telling him not to even apply until he gets his day in court. Needs to prove damages and getting a job right away could negate that.

[MontanaRabbit]

Re: MSU-Mankato FB Coach Arrested

He was walked off the field on Friday and arrested on Tuesday. You really think 4 days of keeping it quiet would have made a difference? If you want to point fingers, i would start with what appears to be a overzealous DA.

He never should have been arrested and never should have been paraded off the football field in front the entire team. And he never should have been fired.

What he did is disturbing, but I don't think it warrants ruining the man's life which is essentially what happened. The DA and MSU are both to blame.

[rabidrabbit]

Re: MSU-Mankato FB Coach Arrested

*****I'm not a lawyer**** A coach gets hired and ahead through success and reputation for success. When a public entity takes steps that ensnare a coach's reputation and ability to coach, not because of any coaching error, right after extending to a 4 year contract, and then "create" issues to fire, I'd say there is fair precedent in obtaining coach receiving $$$ damages from public entity. MSU appears to have made him "unemployable" in his field. Lawyers will earn lots of money, and except for the lawyers, this will work out as a lose/lose situation.

[Grizzled_Jack]

Re: MSU-Mankato FB Coach Arrested

They treated him badly but... seems the most they'd owe him would be a payoff of his contract. I'm sure Minnesota's an employment at will state so termination can't be successfully litigated unless he would fall into a protected class or they violated their own employment rules.

[joeboo22]

Re: MSU-Mankato FB Coach Arrested

They treated him badly but... seems the most they'd owe him would be a payoff of his contract. I'm sure Minnesota's an employment at will state so termination can't be successfully litigated unless he would fall into a protected class or they violated their own employment rules.

I don't think Minnesota is at will and its currently being handled by the union.

I guess the way I see it, he'll get his contract $ and then maybe a little more to keep all the details quiet.

[JackJD]

Re: MSU-Mankato FB Coach Arrested

Minnesota, like South Dakota, recognizes the "at will" concept (that is, assuming there is no contract of employment, an employee can quit at any time and the employer can terminate at any time so long as the termination isn't prohibited in law). There are significant differences in the application of the concept but the concept itself is about the same in Minnesota as in South Dakota. With respect to the application of the concept, Minnesota court cases seem to lean more employee-favorable than South Dakota cases although some would contend the differences are subtle. It seems Minnesota courts may be a little more likely to go looking for contractual promises of continuing employment than South Dakota courts. For example, a Minnesota court may be slightly more likely to construe terms in a particular employee handbook to create what amounts to a contract of employment but move the same facts over the border: a South Dakota court might be less willing to declare a contract exists.

Don't confuse the "at will" concept with the term "right to work" state. South Dakota is considered a 'right to work' state while Minnesota is not.

In any event, I think Joeboo's comment about the matter being initially handled by the union is probably correct. I suspect the coach belonged to a union and the union negotiated a contract that covers termination etc. Of course, the school has lawyers too so we'll just have to watch how this one unfolds.

[joeboo22]

Re: MSU-Mankato FB Coach Arrested

Minnesota, like South Dakota, recognizes the "at will" concept (that is, assuming there is no contract of employment, an employee can quit at any time and the employer can terminate at any time so long as the termination isn't prohibited in law). There are significant differences in the application of the concept but the concept itself is about the same in Minnesota as in South Dakota. With respect to the application of the concept, Minnesota court cases seem to lean more employee-favorable than South Dakota cases although some would contend the differences are subtle. It seems Minnesota courts may be a little more likely to go looking for contractual promises of continuing employment than South Dakota courts. For example, a Minnesota court may be slightly more likely to construe terms in a particular employee handbook to create what amounts to a contract of employment but move the same facts over the border: a South Dakota court might be less willing to declare a contract exists.

Don't confuse the "at will" concept with the term "right to work" state. South Dakota is considered a 'right to work' state while Minnesota is not.

In any event, I think Joeboo's comment about the matter being initially handled by the union is probably correct. I suspect the coach belonged to a union and the union negotiated a contract that covers termination etc. Of course, the school has lawyers too so we'll just have to watch how this one unfolds.

Ok, yeah I was getting at will and right to work mixed up.

[WestSideRabbit]

Re: MSU-Mankato FB Coach Arrested

Visiting with people on campus and around the community, I would say about 99.9% of people don't understand what the university is doing. The Hoffner's were/are very much respected in the community and until last August were very active in community service. Hoffner's wife actually graduated from the same department that I am now enrolled in and is now a school counselor here in Mankato. The family wants this all to be over, but most people think that they will receive a large pay day from MSU.

MSU has had a great season in nearly every sport and that has distracted people. However, I think Hoffner will be in the forefront again now that MSU baseball has wrapped up.

[rabidrabbit]

Re: MSU-Mankato FB Coach Arrested

Maybe MSU burned the bridge of bringing Hoffner back in as coach, but it seems that the least costly path, that allows all parties to save face ($$ & reputations) would be for MSU to pull a Mea Culpa, reinstate Hoffner as head coach, continue to honor the negotiated contract. The only loss I see from this would be the interim head coach would likely move on to greener pastures, or return to his assistant coach duties.

[Nidaros]

Re: MSU-Mankato FB Coach Arrested

Maybe MSU burned the bridge of bringing Hoffner back in as coach, but it seems that the least costly path, that allows all parties to save face ($$ & reputations) would be for MSU to pull a Mea Culpa, reinstate Hoffner as head coach, continue to honor the negotiated contract. The only loss I see from this would be the interim head coach would likely move on to greener pastures, or return to his assistant coach duties.

Too easy, the damage has been done. It might be like undoing a bad car accident, by the one who is clearly negligent. Those damaged are on their way to court seeking remedies. Who knows, I am not a lawyer. This could be how it ends.

[Hammersmith]

Re: MSU-Mankato FB Coach Arrested

New developments. The arbitrator has handed down his decision. Mankato must immediately reinstate Hoffner if he so chooses. Mankato had no grounds to fire him; the most they should have done was verbally reprimand him for allowing his wife to use his laptop. Every other excuse they used to fire him was bogus, unverifiable, or inconsequential. If Hoffner chooses not to return to Mankato, the university must pay any difference between his current salary and what he would have gotten at Mankato. That goes until 2018. They also have to cut him a check for the 20-day unpaid suspension he received. Hoffner is currently head coach at Minot State(ND-DII). Hoffner has planned a press conference for Tuesday. While he currently lives and works in Minot, his wife and children are still living in Mankato where she works.


http://www.mankatofreepress.com/loca...uld-be-rehired
http://www.twincities.com/localnews/...ated-should-be

[Nidaros]

Re: MSU-Mankato FB Coach Arrested

Yes there is a God.

[Hammersmith]

Re: MSU-Mankato FB Coach Arrested

Hoffner going back to Mankato.

[goon]

Re: MSU-Mankato FB Coach Arrested

I think that would be hard to go back. not sure i would make the same choice. I would perfer a settlement and backpay etc and move on. Then i think if he doesnt have a good season couldnt they just fire him next year then like had a losing record etc? What happens to the current head coach, or do they have 2 head coaches now?