Faculty members dislike loyalty clause

Although a clause in men's basketball coach Mike Anderson's contract requiring him to be "loyal" to his employer has bothered some faculty members, the athletic department and an expert on sports economics said the requirement is fair

By Jedd Rosche

Published April 18, 2006

Although a clause in men's basketball coach Mike Anderson's contract requiring him to be "loyal" to his employer has bothered some faculty members, the athletic department and an expert on sports economics said the requirement is fairly common in modern college athletics.

The contract requires Anderson to be a "loyal employee" of MU, and some members of the MU faculty and staff said the ambiguity of the clause could be used to limit free speech and that it could set a precedent for future faculty members.

Eddie Adelstein, a member of the Faculty Council and a professor of pathology, said the contract is "essentially a gag order" and could have a dramatic effect on all university employees, even outside of the athletic department.

"It sets a dangerous precedent," Adelstein said. "This is a public facility. It's a stretch of the imagination that you have to control your emotions when you sign a contract."

Athletic Director Mike Alden met with the Faculty Council on Thursday and answered questions about the contract and, specifically, the clause.

Adelstein said that the Faculty Council had not taken an official position on the contact, but most members are against the clause.

"There's a general agreement that clauses that jeopardize freedom of speech are fairly inappropriate," Adelstein said.

Adelstein said the university has a communications problem and restrictions such as the one in the contract would lead to more problems within the UM system.

"When you hire anyone, you will assume he or she will be a good employee," Adelstein said. "That's always been an understood belief."

Anderson was announced as the new men's basketball coach in March. Former coach Quin Snyder quit in February, leading to two internal investigations into the circumstances of his resignation.

Athletic department spokesman Chad Moller said, however, that the clause was added to reinforce a commonly understood business principle.

"Including this type of language in a contract is becoming more of a trend around the country," Moller said. "Mike has stated that it was recommended by our General Counsel's office to throw in there for good measure."

Moller added that there are no extra financial incentives for Anderson to comply with the contract's restriction.

Andrew Zimbalist, a sports economist at Smith College, also said such clauses are common in NCAA coaching contracts.

Zimbalist said that a coach's behavior and public image could be a liability for a university.

"Some coaches have comported themselves in ways that embarrass the university," Zimbalist said. "So it is common for the schools to add behavioral language for legal reasons in the event that they seek to dismiss a coach."