Page 1 IN THE CIRCUIT COURT

OF MONONGALIA COUNTY, WEST VIRGINIA

WEST VIRGINIA UNIVERSITY : BOARD OF GOVERNORS for and : on behalf of WEST VIRGINIA : UNIVERSITY : CIVIL ACTION NO. Plaintiff : 07-C-851 v : RICHARD RODRIGUEZ : Defendant :

* * *

Videotape Deposition

of Mike Parsons

Tuesday, June 10, 2008

* * * a witness herein, taken on behalf of the

Defendant in the above-entitled cause of action pursuant to notice and the West Virginia Rules of

Civil Procedure by and before Debra A. Volk,

Notary Public within and for the State of West

Virginia at the law offices of Flaherty,

Sensabaugh & Bonasso, PLLC, 965 Hartman Run Road,

Suite 1105, Morgantown, West Virginia 26505, commencing at 9:14 a.m. Page 2 Page 4 1 STRESKI REPORTING & VIDEO SERVICE 1 APPEARANCES (Cont.): TRANSCRIPT LICENSE AGREEMENT 2 2 3 By signing the Transcript Order Form to 3 On behalf of the Plaintiff: receive and pay for a copy of this transcript, 4 4 (and/or video) I agree that I nor any person, ROBERT P. FITZSIMMONS, Esquire attorney, paralegal or expert witness may make, 5 Fitzsimmons Law Offices, 1609 Warwood Avenue, 5 copy and/or distribute to others or upload to any 6 Wheeling, West Virginia 26003 internet websites or deposition repositories for 6 future sales, monetary gain or any other purpose 7 Telephone: (304) 277-1700 any copies of this transcript (and/or video) 8 Fax: (304) 277-1705 7 without paying Streski Reporting & Video Service, 9 a Division of MDStreski, LLC, the ordinary and E-mail: [email protected] 8 customary charges for any and all additional 10 copies viewed on line or downloaded by any third 11 9 party. 10 12 On behalf of the Plaintiff: 11 This Transcript License Agreement does 13 ROBERT J. FITZSIMMONS, Esquire permit the ordering and paying party to share 12 this transcript with co-counsel of record 14 Fitzsimmons Law Offices, 1609 Warwood Avenue, representing the same party(ies), the client(s) 15 Wheeling, West Virginia 26003 13 and the expert witnesses hired on the client's 16 Telephone: (304) 277-1700 behalf. 14 17 Fax: (304) 277-1705 15 Signed by: Thomas V. Flaherty, Esquire 18 E-mail: [email protected] 16 On behalf of the Plaintiff, 6-11-08 17 19 18 Signed by: Marvin A. Robon, Esquire 20 19 On behalf of the Defendant, 6-11-08 21 20 21 22 22 23 23 24 24 Page 3 Page 5 1 APPEARANCES: 1 APPEARANCES (Cont.): 2 2 3 On behalf of the Plaintiff: 3 On behalf of the Defendant: 4 THOMAS V. FLAHERTY, Esquire 4 SEAN P. MCGINLEY, Esquire 5 Flaherty, Sensabaugh & Bonasso, PLLC, 200 Capital 5 DiTrapano, Barrett, & DiPiero, PLLC, 604 Virginia 6 Street, Charleston, West Virginia 25301 6 Street East, Charleston, West Virginia 25301 7 Telephone: (304) 345-0200 7 Telephone: (304) 342-0133 8 Fax: (304) 345-0260 8 Fax: (304) 342-4605? 9 E-mail: [email protected] 9 E-mail: [email protected] 10 10 11 11 12 On behalf of the Plaintiff: 12 On behalf of the Defendant: 13 JEFFREY M. WAKEFIELD, Esquire 13 MARVIN A. ROBON, Esquire 14 Flaherty, Sensabaugh & Bonasso, PLLC, 200 Capital 14 Barkan & Robon, LTD, 1701 Woodlands Drive, Suite 15 Street, Charleston, West Virginia 25301 15 100, Maumee, Ohio 43537-4092 16 Telephone: (304) 345-0200 16 Telephone: (419) 897-6500 17 Fax: (304) 345-0260 17 Fax: (419) 897-6200 18 E-mail: [email protected] 18 E-mail: [email protected] 19 19 20 20 21 21 22 22 ALSO PRESENT: 23 23 John C. Taylor, Videographer 24 24 2 (Pages 2 to 5) Page 6 Page 8 1 I N D E X 1 O B J E C T I O N S (Cont.) 2 WITNESS PAGE 2 PAGE LINE 3 Mike Parsons 3 By Mr. Flaherty ...... 197 11 4 Examination By Mr. Robon ...... 11 4 By Mr. Flaherty ...... 197 17 5 Examination By Mr. Flaherty ...... 220 5 By Mr. Robon ...... 220 13 6 Examination By Mr. Robon ...... 222 6 By Mr. Robon ...... 221 18 7 7 By Mr. Robon ...... 221 23 8 8 9 E X H I B I T S 9 10 PAGE 10 11 Parsons Deposition Exhibit EE ...... 43 11 12 Parsons Deposition Exhibit FF ...... 44 12 13 Parsons Deposition Exhibit GG ...... 47 13 14 Parsons Deposition Exhibit HH ...... 50 14 15 Parsons Deposition Exhibit II ...... 53 15 16 Parsons Deposition Exhibit JJ ...... 113 16 17 Parsons Deposition Exhibit KK ...... 119 17 18 18 19 19 20 O B J E C T I O N S 20 21 PAGE LINE 21 22 By Mr. Flaherty ...... 24 4 22 23 By Mr. Flaherty ...... 24 10 23 24 By Mr. Flaherty ...... 28 19 24 Page 7 Page 9 1 O B J E C T I O N S (Cont.) 1 * * * 2 PAGE LINE 2 P R O C E E D I N G S 3 By Mr. Flaherty ...... 39 20 3 * * * 4 By Mr. Flaherty ...... 75 8 4 VIDEOGRAPHER: We're now on 5 By Mr. Flaherty ...... 80 18 5 the record in the matter of WVU versus Rodriguez, 6 By Mr. Flaherty ...... 82 21 6 Civil action number 07-C-851. My name is John 7 By Mr. Wakefield ...... 85 18 7 Taylor. I'm a legal video specialist from Katz 8 By Mr. Flaherty ...... 92 11 8 Consulting Group, LLC, located at 820 Quarrier 9 By Mr. Flaherty ...... 92 22 9 Street, Charleston, West Virginia, 25301. I'm not 10 By Mr. Flaherty ...... 103 23 10 related to any parties to this action or to 11 By Mr. Flaherty ...... 122 24 11 counsel of record, nor do I have a financial 12 By Mr. Flaherty ...... 132 18 12 interest in this action. Today is June 11, 2008. 13 By Mr. Wakefield ...... 141 4 13 The time is 9:14 a.m. This deposition is taking 14 By Mr. Flaherty ...... 149 3 14 place at Flaherty, Sensabaugh & Bonasso, PLLC, 15 By Mr. Flaherty ...... 154 7 15 965 Hartman Run Road, Morgantown, West Virginia. 16 By Mr. Flaherty ...... 156 16 16 The deponent today is Mike Parsons. Will the 17 By Mr. Flaherty ...... 156 24 17 Court Reporter and Counsel please identify 18 By Mr. Flaherty ...... 159 10 18 themselves for the record? 19 By Mr. Wakefield ...... 160 12 19 COURT REPORTER: I am Debra 20 By Mr. Flaherty ...... 179 2 20 Volk, Court Reporter, here on behalf of Streski 21 By Mr. Flaherty ...... 179 10 21 Reporting and Video. 22 By Mr. Fitzsimmons ...... 180 21 22 MR. ROBON: Good Morning, 23 By Mr. Flaherty ...... 182 14 23 Marvin A. Robon from the law firm of Barkan & 24 By Mr. Flaherty ...... 189 3 24 Robon representing Rich Rodriguez. 3 (Pages 6 to 9) Page 10 Page 12 1 MR. MCGINLEY: Sean McGinley, 1 A. A litigation against the University 2 for the Defendant. 2 by a former coach. 3 MR. FITZSIMMONS: Robert J. 3 Q. Which coach was that? 4 Fitzsimmons on behalf of West Virginia 4 A. Mike Seabolt, former soccer coach at 5 University. 5 West Virginia. 6 MR. WAKEFIELD: Jeff 6 Q. How long ago was that? 7 Wakefield appearing on behalf of West Virginia 7 A. Last week. 8 University. 8 Q. It's still pending? 9 MR. FITZSIMMONS: Bob 9 A. Yes. 10 Fitzsimmons, West Virginia University. 10 Q. And who's suing who? 11 MR. FLAHERTY: And I'm Tom 11 A. He is suing the university; he was 12 Flaherty for the Plaintiff. 12 terminated for a violation of NCAA rules. 13 THE WITNESS: Mike Parsons, 13 Q. And he's suing for breach of 14 Deputy Director of Athletics of West Virginia 14 contract, I assume? 15 University. 15 A. I'm not sure exactly the terms. 16 VIDEOGRAPHER: Would the 16 Q. Which court is it pending in? 17 Court Reporter please swear in the witness? 17 A. Monongalia County, I think. 18 18 Q. And who is the plaintiff's lawyer? 19 19 A. Mike Folio -- or Florio, Mike Florio. 20 20 Q. Is that the only time you've been 21 21 deposed? 22 22 A. That I recall, yes. 23 23 Q. Has Craig Walker or President 24 24 Garrison been deposed in that case? Page 11 Page 13 1 * * * 1 A. Not that I'm aware of. 2 MIKE PARSONS 2 Q. Who else has been deposed that you're 3 being first duly sworn, was examined and deposed 3 where of? 4 as follows: 4 A. Ed Pastilong, our Director of 5 * * * 5 Compliance, Brad Cox, Terry Howes, an associate 6 E X A M I N A T I O N 6 athletic director for sports development. 7 BY MR. ROBON: 7 Q. That case apparently hasn't made the 8 Q. Would you give your name and your 8 news? 9 business address for the Jury? 9 A. Oh, I think it has. 10 A. Mike Parsons, West Virginia 10 Q. It has. 11 University, 107 Coliseum. 11 That's the only time you've been 12 Q. Mr. Parsons, how long have you been 12 deposed? 13 the assistant athletic director? 13 A. That I recall, yes. 14 A. My title is Deputy Director of 14 Q. Have you ever been involved in a 15 Athletics, which I've been in that role for about 15 lawsuit yourself? 16 six or seven years. 16 A. I'm not sure of the exact terminology 17 Q. Is that the same as an assistant? 17 but I've appeared as a witness before. 18 A. No, I think it's held a little higher 18 Q. On behalf of the University? 19 level than that. 19 A. Yes. 20 Q. You report directly to Ed Pastilong? 20 Q. Do you remember how long ago? 21 A. I do. 21 A. Somewhere in the 1980's. 22 Q. Have you ever been deposed before? 22 Q. So you've been at the University for 23 A. Yes, I have. 23 a long time? 24 Q. What kind of case? 24 A. Since 1979. 4 (Pages 10 to 13) Page 14 Page 16 1 Q. And when did you graduate from 1 privileged communication. 2 college? 2 MR. ROBON: He's a witness. 3 A. 1977. 3 MR. FLAHERTY: He's 4 Q. What did you do with the two years in 4 identified with the party; he's an employee of 5 between? 5 the party -- 6 A. I worked at Florida State University. 6 MR. ROBON: So you're making 7 Q. My understanding is that you 7 him a representative? 8 basically run the athletic department and Ed 8 MR. FLAHERTY: He's a party 9 Pastilong is kind of an overseer and lets you do 9 representative. 10 what you want? 10 MR. ROBON: All right, I just 11 A. I would not categorize it that way at 11 want it on the record that he's a party 12 all. 12 representative. 13 Q. How would you categorize it? 13 MR. FLAHERTY: We are on the 14 A. I'm involved in the administration of 14 record and when we filed the response to your 15 the department under the direction of Ed 15 notice of deposition to that effect. 16 Pastilong. 16 MR. ROBON: Okay. 17 Q. Well, I understand the 17 BY MR. ROBON: 18 administration, but what does Ed then do? 18 Q. What documents did you look at in 19 A. Ed has his hands on every piece of 19 preparation for your deposition? 20 the athletic department. 20 A. I reviewed some of my files. 21 Q. Do you also? 21 Q. And what in particular? 22 A. I'm involved in most aspects of it. 22 A. Past contracts, past term sheets, the 23 Q. What aspects would you be involved in 23 previous depositions. 24 that he wouldn't be? 24 Q. What's your undergrad degree in? Page 15 Page 17 1 A. Nothing, indirectly, you know, I 1 A. Journalism. 2 report to him, he's involved with every aspect of 2 Q. Have you taken any postgraduate 3 the athletic department. 3 courses? 4 Q. Did you bring anything with you today 4 A. I started but did not finish. 5 pursuant to the notice of deposition? 5 Q. And what courses did you take? 6 A. Did not. 6 A. I don't recall; it's been so long 7 Q. Did you see the notice of deposition 7 ago. 8 from your lawyers? 8 Q. If you were to say you had an 9 A. No. 9 expertise what would it be in? 10 Q. How many hours did you spend with the 10 A. I think my strengths are probably in 11 lawyers in preparing for your deposition? 11 marketing, communications and I've had quite a 12 A. I think maybe one. 12 bit of experience in administration over that 13 Q. Was that yesterday? 13 period of time. I have a very strong knowledge of 14 A. Yes. No, I'm sorry, it was two days 14 athletic administration. 15 ago. 15 Q. That's in running athletic programs? 16 Q. Was that with Mr. Wakefield? 16 A. Yes. 17 A. Yes. 17 Q. Lots of experience in dealing with 18 Q. And what was discussed? 18 coaches? 19 MR. FLAHERTY: Don't answer 19 A. Yes. 20 that question. 20 Q. How many coaches does West Virginia 21 MR. ROBON: Other than legal 21 University have? 22 advice, what was discussed? 22 A. Head coaches or? 23 MR. FLAHERTY: Don't answer 23 Q. Coaches. 24 that question. You know that's an attorney/client 24 A. I don't recall the exact number but I 5 (Pages 14 to 17) Page 18 Page 20 1 would say around 50 or 60. 1 A. No. 2 Q. And what, 12, 15 head coaches? 2 Q. What kind of knowledge do you have 3 A. Probably 15. 3 about the lawsuit? 4 Q. And my understanding, there's been a 4 A. Primarily what I've read. 5 lot of turnover of coaches at the University? 5 Q. In the news media? 6 A. I don't perceive it that way. 6 A. News media, I've read the 7 Q. How many coaches left so far this 7 depositions, I've read the actual documentations 8 year, 2008? 8 on the suit itself. 9 A. Well, obviously the football 9 Q. And which depositions did you read? 10 transition accounted for a good bit of that. 10 A. I skimmed through the Rodriguez, 11 Q. How many? 11 Pastilong and Brown. 12 A. I think we lost seven off the 12 Q. And can you tell me why you opted to 13 football staff, I think in 2008. We lost one 13 read those? 14 women's basketball coach who took a position as a 14 A. Just interest. 15 head coach at Ohio University. Those are the only 15 Q. Were you asked to read those? 16 ones I can recall in 2008. 16 A. No. 17 Q. What about the one that's suing the 17 Q. Did you make any notes when you read 18 university? 18 those? 19 A. He was terminated two years ago. 19 A. No. 20 Q. And in the year 2007, how many 20 Q. How long ago did you read them? 21 coaches would you have lost? 21 A. Several weeks ago. 22 A. Of course we had the men's basketball 22 Q. So you read them right after they 23 transition there as well. That accounted for 23 were taken basically? 24 four. 24 A. I think after they were released to Page 19 Page 21 1 Q. Four? 1 the news media. 2 A. Yes. 2 Q. What personal knowledge do you have 3 Q. Four there, how many others? 3 of the inter-workings between Coach Rodriguez and 4 A. We lost the head swimming coach. 4 Mr. Pastilong? 5 That's all I recall. 5 A. I think I have a strong knowledge of 6 Q. So would you say it's been averaging 6 that. 7 10 to 15 percent of the total coaches every year? 7 Q. Would you tell us what it is? 8 A. I think that number's inflated 8 A. What's the question again? 9 because of the football side of it. 9 Q. What knowledge do you have of the 10 Q. That's -- my question is do you think 10 workings between Coach Rodriguez and Ed 11 it averages 10 to 15 percent every year? 11 Pastilong; say in the last year before he left? 12 A. We do have some turnover every year, 12 A. I'm still not sure I understand what 13 yes. 13 you mean by knowledge of that part; they worked 14 Q. Is it in the 10 to 15 percent range? 14 together, absolutely. 15 A. I don't have a calculator, but that 15 Q. No, I want to know what you observed, 16 could be right. 16 what you saw, the meetings that you sat in with 17 Q. What assignment did Mr. Pastilong 17 the two of them, communications that you had, ex 18 give you in connection with this lawsuit? 18 parte, which means with one of them but not both 19 A. I'm not sure I understand the 19 of them. 20 question. 20 A. Ed was Rich's primary supervisor, he 21 Q. Were you asked by the Director of 21 was his only supervisor. He dealt with him 22 Athletics, Ed Pastilong, did you anything special 22 regularly on football related issues. 23 or particular in connection with the Rodriguez 23 Q. And did you sit in? 24 lawsuit? 24 A. Not regularly, no. 6 (Pages 18 to 21) Page 22 Page 24 1 Q. Did you sit in half the time or less? 1 A. I don't recall. 2 A. I'd say less. 2 Q. Do you recall the discussion relating 3 Q. How many times do you recall during 3 to the $4 million penalty? 4 the 2007 football season that you had any 4 MR. FLAHERTY: Object to the 5 discussions with Coach Rodriguez? 5 form of the question. 6 A. Did I have discussions? 6 A. Repeat the question, please. 7 Q. Uh-huh (yes). 7 BY MR. ROBON: 8 A. During the season I would say maybe a 8 Q. Are you familiar with the $4 million 9 handful, four or five. 9 penalty? 10 Q. And can you recall any particular 10 MR. FLAHERTY: Object to the 11 instance? 11 form of the question and the use of the word 12 A. In the hiring of our sports 12 penalty. 13 information director for football. 13 MR. ROBON: Oh, you can 14 Q. You asked his opinion? 14 substitute the word liquidated damages. 15 A. We involved him in the process as 15 THE WITNESS: I'm familiar 16 well as got his final opinion, as well. As the 16 with the $4 million liquidated damages. 17 announcement related to the signing of his 17 BY MR. ROBON: 18 contract, there was some dialogue there as well. 18 Q. Okay. 19 That's all I can recall. 19 Who came up with that idea? 20 Q. With regard to the dialogue and the 20 A. The liquidated damages? 21 signing of his contract that would have been in 21 Q. Yes. 22 August of '07; correct? 22 A. It's a commonplace in college 23 A. I think it actually took place maybe 23 athletics and coaches contracts. 24 in September, the dialogue. 24 Q. And since about what year? Page 23 Page 25 1 Q. The dialogue, after the signing? 1 A. I couldn't tell you when it started. 2 A. Yes. 2 Q. When was the first time that West 3 Q. And what was the dialogue? 3 Virginia University used it that you're aware of? 4 A. Well, it was decided that he wanted 4 A. That I'm aware of, 2000. 5 to announce that he actually signed the document 5 Q. So seven, eight years ago? 6 on his talk show and that was, it was told to me 6 A. Yes. 7 that he wanted to do it that way, which we were 7 Q. And the penalty or the liquidated 8 fine with. He -- we also anticipated shortly 8 damages figures have gotten larger and larger 9 thereafter that there would be media inquiries 9 since the year 2000; correct? 10 about it. One of the things that I do is I 10 A. Yes. 11 oversee the sports information office. We had 11 Q. And how many different coaches do you 12 prepared a talking points, if asked, what those 12 use the liquidated damages provision in their 13 replies would be. I shared those with him prior 13 contracts? 14 to the talk show. 14 A. We have used it in as many as six 15 Q. In writing or just verbally? 15 contracts. 16 A. Both. 16 Q. And which six are they? 17 Q. And what kind of inquiries did you 17 A. Football, men's basketball, women's 18 think would be made? 18 basketball, men's soccer, women's soccer, 19 A. Well, we anticipated that the news 19 strengthening and conditioning coach. 20 media would pick up on it because they do listen 20 Q. And a year ago how many did you use 21 to the show and would call and ask what are the 21 it in? 22 terms and conditions of it. 22 A. Those six, those six. 23 Q. What was the news media primarily 23 Q. When did you first include -- when 24 interested in? 24 did you get beyond the basketball and football 7 (Pages 22 to 25) Page 26 Page 28 1 coach and include four others? 1 A. The University makes a major 2 A. I don't recall the exact date but 2 commitment to a coach of financially and also 3 three or four years ago. 3 facilities. The liquidated damages is a way for 4 Q. And what do the penalties range or 4 the University to protect itself with anticipated 5 the liquidated damages figures range from what 5 damages should a coach leave because of the 6 dollar figure to what dollar figure? 6 investment they are making into that particular 7 A. I can't speak exactly without having 7 coach. 8 the documents in front of me, but I believe one 8 Q. Let me ask you a hypothetical 9 is $50,000. Q. That would be the lowest? 9 question, you're very knowledgeable in this area 10 A. Yes. 10 I would say; correct? 11 Q. And the highest would be? 11 A. I believe so. 12 A. The 4 million. 12 Q. Let's say that Coach Stewart signed a 13 Q. And who has that now? 13 $4 million liquidated damages contract and that 14 A. Coach Huggins does or the men's 14 he decided to leave next year; how could you 15 basketball program. 15 differentiate the damages that were being 16 Q. And what amount does Bill Stewart 16 suffered by the leaving of Rodriguez that the 17 have in your football program? 17 University is alleging and the damages that would 18 A. The final documentation on his 18 be suffered by the leaving of Bill Stewart? 19 contract is not complete is my understanding. 19 MR. FLAHERTY: Object to the 20 Q. Has he been reluctant to sign a 20 form of the question. 21 contract with the liquidated damages provision? 21 THE WITNESS: Answer? 22 A. Not to my understanding. 22 MR. FLAHERTY: Yes, go ahead 23 Q. Well, it's been six months since he 23 and answer. 24 was announced as the new football coach; what 24 THE WITNESS: The -- I think Page 27 Page 29 1 seems to be the hold up? 1 the difference there is a track record of an 2 A. I'm not involved in that process. 2 experienced coach who has been here several years 3 Q. Who would be involved in that 3 at West Virginia University, an established coach 4 process? 4 and we know what his record is. 5 A. Our general counsel is involved with 5 BY MR. ROBON: 6 that. 6 Q. So you're saying that it would be 7 Q. Who is? 7 more damages for Rodriguez leaving? 8 A. Alex Macia. 8 A. Potentially, yes. 9 Q. Is President Garrison also involved? 9 Q. So it wouldn't be fair to ask for $4 10 A. I'm not sure of the exact role he's 10 million for Stewart's contract; correct? 11 played. 11 A. At this point we have more knowledge 12 Q. What about Mr. Pastilong? 12 of Rich's past and his, what he brought to the 13 A. He's involved in the process. 13 table as far as his record and the things that 14 Q. What figure has West Virginia 14 have transpired. If you go back to his, when he 15 University suggested be in Bill Stewart's 15 started and his liquidated damages it grew over, 16 contract for liquidated damages? 16 excuse me, over a period of time. 17 A. Initially it was a $1 million 17 Q. Wasn't the liquidated damages 18 liquidated damages. 18 provision in Rich Rodriguez's most recent 19 Q. And what is being proposed now? 19 contract a number that was so high it would 20 A. I'm not sure. 20 prevent him from looking elsewhere for 21 Q. Higher or lower? 21 employment? 22 A. I'm not sure. 22 A. Please ask it again. 23 Q. And how do you perceive liquidated 23 Q. Wasn't the $4 million figure put in 24 damages as the Deputy Director of Athletics? 24 his employment contract in 2007 so that it would 8 (Pages 26 to 29) Page 30 Page 32 1 be such a high liquidated damages figure that he 1 Q. But the logic behind it you would 2 would be inhibited from seeking employment 2 think that the longer the tenure is of the coach 3 elsewhere? 3 the higher the amount would be because the more 4 A. No. 4 valuable he is to the university if he's got a 5 Q. That wasn't the intent? 5 winning record? 6 A. No. 6 A. Well, again, I think the -- what 7 Q. What do you think the intent was? 7 you've done is you've benefited during that time 8 A. For the University to have the 8 period that he has been here, whether it be 9 opportunity to recoup some of the damages it 9 through ticket sales, television revenues or so 10 would incur with his departure. 10 forth. So you've been able to benefit from his 11 Q. Who told you that? 11 services up until that point. 12 A. No one told me that. I know that's 12 Q. So after a certain point there should 13 what liquidated damages are for. 13 be no liquidated damages? Let's say he's been 14 Q. But you didn't have any part of the 14 here 10 years -- 15 liquidated damages number that was in Rodriguez's 15 A. Well, it depends on how that contract 16 contract? 16 is negotiated. 17 A. I was not involved in determining 17 Q. Who at the University determines the 18 that number, no. 18 amount of liquidated damages to be put in a 19 Q. When you found out it was 4 million, 19 coach's contract today? 20 did you think it was high or low? 20 A. I think that's whoever is negotiating 21 A. Well, it's a significant number but I 21 the contract is the one that's involved with that 22 knew there would be no difficulty in justifying 22 part of it. 23 that number. 23 Q. Okay. 24 Q. Could you have justified 6 million? 24 And my understanding is that Page 31 Page 33 1 A. Probably, yes. 1 President Garrison has been negotiating all the 2 VIDEOGRAPHER: Excuse me, 2 contracts; is that true? 3 could I ask everyone to verify that their cell 3 A. I don't know that to be true. 4 phones, pagers and Blackberry's are off? I am 4 Q. Have you negotiated Bill Stewart's 5 getting some interference. Thank you. 5 contract? 6 BY MR. ROBON: 6 A. No. 7 Q. Do you think you could have justified 7 Q. Have you negotiated Bobby Huggins' 8 8 million? 8 contract? 9 A. Over a multi-year period, yes. 9 A. No. 10 Q. How do you rationalize the provisions 10 Q. Has Ed Pastilong done either? 11 in the coach's contract where the liquidated 11 A. Negotiated, no. 12 damages decreased over a period of time? 12 Q. So it would either be Craig Walker or 13 A. I think at that period, during that 13 Mike Garrison; correct? 14 period of time we have benefited from his 14 A. Or the General Counsel. 15 services up until that point. 15 Q. And who would the General Counsel be 16 Q. So wouldn't -- if he had a successful 16 getting instructions from, you or Ed Pastilong or 17 record, let's say that, let's say that Coach 17 President Garrison? 18 Rodriguez stayed in 2008 and he won a national 18 A. We've had some input, Ed Pastilong 19 championship and his liquidated damages figure 19 and myself both had input into the structure of 20 was reduced to 2 million; wouldn't that be at 20 the contract. 21 least a $2 million loss to the University because 21 Q. With? 22 it was 4 million in '07 and 2 million in '08? 22 A. Alex Macia. I can only speak for 23 A. Well, obviously it's a reduction from 23 myself. 24 that standpoint, yes. 24 Q. No, but you structure the contract 9 (Pages 30 to 33) Page 34 Page 36 1 with Huggins or Stewart? 1 A. I do recall that, yes. 2 A. The -- actually both, initially with 2 Q. And that document would be where? 3 Stewart or with Huggins back in the early stages. 3 A. I would have it in my office. I'm 4 Q. And what input did you have? 4 not sure it's updated but -- 5 A. The business side, pieces of the 5 Q. Could you provide it to us? 6 contract as it relates to particular marketing. 6 A. Yes. 7 Q. But nothing to do with the liquidated 7 Q. Do you recall whether or not West 8 damages? 8 Virginia University is at the high-end of the 9 A. No. 9 liquidated damages number? 10 Q. And with the other coach, no 10 A. With what number? 11 liquidated damages input? 11 Q. Compared to other Big East schools? 12 A. I'm sorry? 12 A. I mean with what dollar figure tied 13 Q. You said, we were talking about 13 to the liquidated -- 14 Huggins; what about Stewart? 14 Q. The 4 million. 15 A. The question of liquidated damages? 15 A. I would say it's at the high end. 16 Q. Right. 16 Q. It's a? 17 A. Other than the initial term sheet, 17 A. High end. 18 no. 18 Q. High end; what do you recall any 19 Q. What does the initial term sheet 19 other Big East school having for a football or 20 provide for Coach Stewart? 20 basketball coach? 21 A. $1 million. 21 A. I can't specifically give those 22 Q. And has someone tried to raise that 22 numbers. I don't recall those specifically, I 23 amount? 23 mean -- 24 A. I'm not aware of that. 24 Q. Have you checked with any other Page 35 Page 37 1 Q. I believe Mr. Farmer, I guess it's 1 conferences, coaches or athletic directors or 2 Bobby Huggins has the $4 million liquidated 2 deputy athletic directors or assistant athletic 3 damages clause; correct? 3 directors about liquidated damages in football 4 A. Yes. 4 and basketball coaches? 5 Q. But he has a, what, 11 year contract? 5 A. I don't recall contacting any others. 6 A. I believe that's true. 6 Q. Are you aware of any? 7 Q. Totals 22 million, roughly? 7 A. Yes. 8 A. I believe that's true. 8 Q. Which ones are you aware of? 9 Q. So the liquidated damages provision 9 A. Well, I basically keep track of 10 is about 25 percent of total compensation? 10 what's presented in the news media for coaches' 11 A. Okay. 11 contracts. I recall that Auburn has a 12 Q. Have you used any formulas like that 12 particularly high one at $6 million; I recall 13 to arrive at what a fair liquidated damages 13 that Clemson is at $4 million. 14 number would be? 14 Q. And what about like Florida with 15 A. I've not been involved with that 15 Urban Meyer? 16 process. 16 A. I don't know. 17 Q. Have you talked to other Big East 17 Q. Or Bobby Bowden? 18 coaches or athletic department directors or 18 A. Do not know. 19 deputy directors like yourself about liquidated 19 Q. Jim Trussel? 20 damages? 20 A. Not aware of it. 21 A. I have. 21 Q. Did you terminate Dusty Rutledge? 22 Q. Did you prepare a spreadsheet showing 22 A. No. 23 what the other coaches are required to pay in 23 Q. Did you transfer him? 24 liquidated damages if they leave? 24 A. Yes. 10 (Pages 34 to 37) Page 38 Page 40 1 Q. And can you tell us under what 1 stirring the pot, so to speak, and with the 2 circumstances you did it and when? 2 departure of Coach Rodriguez we felt that it was 3 A. Coach Rodriguez resigned, I believe, 3 in the best interest in the preparation for the 4 on Sunday, December 16. We met with the football 4 bowl game to not involve Rusty -- or Dusty into 5 staff on Monday and immediately after that -- 5 that. 6 Q. That would have been Monday, December 6 Q. When did you find out that Coach 7 16 of '07? 7 Rodriguez was leaving? 8 A. Sunday was the 16th, right? 8 A. Sunday afternoon. 9 Q. Sunday, I think, was the 15th. 9 Q. Who told you? 10 A. No, Sunday was the 16th. 10 A. A member of my staff called me. 11 Q. 16th, okay. 11 Q. And how did they hear about it? 12 A. Yes. 12 A. They were in the Puskar Center at the 13 Q. I'm sorry, Friday's the 14th, 13 time when it was all coming down. 14 Saturday is the 15th, Sunday, it would have been 14 Q. Did you have any inkling that Coach 15 the 17th. 15 Rodriguez was unhappy at West Virginia 16 A. So on Monday, December 17th, shortly 16 University? 17 after a staff meeting for the football staff, 17 A. I knew that Coach Rodriguez had -- 18 which Ed Pastilong conducted, Ed, myself and Mike 18 had a request for certain things he may not have 19 Kerin, our director of football operations met 19 had success in obtaining, that may have 20 with Dusty shortly afterwards and indicated that 20 precipitated that. 21 we would transfer him to the Coliseum effective 21 Q. Were you aware that President 22 immediately. 22 Garrison and Craig Walker, before he signed the 23 Q. And what did that mean to him? 23 contract on August 24th of '07 made a number of 24 A. It meant that he would no longer be 24 representations to him about things that would be Page 39 Page 41 1 involved in the football operation. 1 implemented in the football program at the 2 Q. And what would the Coliseum be? 2 University? 3 A. We had yet to determine exactly what 3 A. No. 4 his duties would be. 4 Q. Did you see a memorandum that Craig 5 Q. Did you tell him his salary would be 5 Walker wrote to Ed Pastilong shortly after the 6 continued? 6 August 24th meeting, I think it was dated August 7 A. Yes. 7 27th, two or three pages in length talking about 8 Q. Did -- who gave the directive to do 8 eliminating the five dollar charge to high school 9 that? 9 coaches, allowing students to maintain their 10 A. It was discussion among Ed Pastilong 10 textbooks, things like that? 11 and myself. We also consulted with the general 11 A. I do recall, I don't recall some of 12 counsel. 12 those specific items though. 13 Q. Was President Garrison or Craig 13 Q. Were any of those things implemented? 14 Walker involved in that decision? 14 A. I'd have to see the memo to recall 15 A. I think they were present, not 15 exactly the details of it. 16 necessarily involved. 16 Q. But there was a memo directed to Ed 17 Q. Did they suggest it because Rutledge 17 Pastilong to do those things? 18 overheard the conversation between Coach 18 A. Yes. 19 Rodriguez and President Garrison? 19 Q. And did he tell you that he would not 20 MR. FLAHERTY: Object to the 20 do those things? 21 form of the question. 21 A. No. 22 A. No. The reason was because we felt 22 Q. Or that he -- well, did you discuss 23 that Dusty had a particularly close relationship 23 them with him? 24 with Coach Rodriguez, Dusty had a knack for 24 A. Yes. 11 (Pages 38 to 41) Page 42 Page 44 1 Q. And what was the result of the 1 home football games, I provided to Ed Pastilong 2 discussion? 2 the official pass for Mrs. Rodriguez and that was 3 A. Again, I need to see the exact 3 it. 4 details of what the -- itemize each one of them 4 Q. And there are one, two, three, 5 but I know some were implemented and some were 5 there's seven bullet points, you handled two of 6 investigated. 6 them? 7 Q. Well, let's take a break and I'll go 7 A. Yes. 8 out and get them out. 8 Q. Okay. 9 VIDEOGRAPHER: The time is 9 And let's take a look at Exhibit FF, 10 9:48 a.m.; we are going off the record. 10 which is the memo from Russ Sharpe to Ed 11 * * * 11 Pastilong. First of all, who is Russ Sharpe? 12 (Short break taken) 12 * * * 13 * * * 13 (Whereupon, Defense Exhibit 14 VIDEOGRAPHER: The time is 14 FF marked for purposes of identification). 15 9:58 a.m.; we are back on the record. 15 * * * 16 BY MR. ROBON: 16 A. He is the Associate Athletic Director 17 Q. Mr. Parsons, when we took a break I 17 for Finance and Administration. 18 provided three documents to you, which you have 18 Q. So he's a subordinate of yours? 19 had a chance to look over; correct? 19 A. No, he reports directly to Ed. 20 A. Yes. 20 Q. So he's on the same level you are? 21 Q. Let's talk about the first one, which 21 A. Yes. 22 would be Exhibit EE. It's a memo from Ed 22 Q. Have you ever seen this memo before? 23 Pastilong to Craig Walker. 23 A. I do not recall seeing this. 24 * * * 24 Q. Did you discuss with Mr. Sharpe or Ed Page 43 Page 45 1 (Whereupon, Defense Exhibit 1 Pastilong any of the items contained in this 2 EE marked for purposes of identification). 2 memo? 3 * * * 3 A. There was some discussion relative to 4 MR. FLAHERTY: No, it's a 4 the textbooks issue. 5 memo from Craig Walker to Ed Pastilong. 5 Q. And what happened with that 6 MR. ROBON: Right, I'm sorry. 6 discussion? What was implemented, if anything? 7 I had reversed it and regarding the football 7 A. I'm not sure anything was 8 program. 8 implemented. I know that Russ was asked to 9 BY MR. ROBON: 9 prepare a report for Ed's review about the 10 Q. Was this memo given to you? 10 possibility of providing the textbooks to the 11 A. I do recall receiving it, or reading 11 student athletes. 12 it rather. 12 Q. And what's the policy of the 13 Q. Okay. 13 university today with regard to that subject of 14 And it was given to you by Mr. 14 providing free textbooks and allowing the student 15 Pastilong? 15 athletes to keep them? 16 A. Yes, it was. 16 A. We do not allow the student athletes 17 Q. Was it given to you with the idea 17 to keep them. We collect them back at the end of 18 that you would implement these things? 18 each year. 19 A. Certain items I was to look into, 19 Q. And that's something that Rich 20 yes. 20 Rodriguez wanted changed; correct? 21 Q. Which of the items on Exhibit EE, the 21 A. As I understand it, yes. 22 memo dated August 27th of 2007 were you to take a 22 Q. And most other schools allow the 23 look at? 23 students to keep the textbooks; do they not? 24 A. I followed up on the field passes for 24 A. I do not know that to be true. 12 (Pages 42 to 45) Page 46 Page 48 1 Q. Have you ever asked other coaches or 1 Q. Of '08? 2 directors of athletics or assistants or deputies 2 A. Of '08. 3 in the Big East conference? 3 Q. Yeah, so it was implemented after 4 A. I have not. 4 Rodriguez left? 5 Q. Do you know that Pittsburgh gives 5 A. It couldn't have been implemented 6 them to their students? 6 before because we had no home basketball games 7 A. I do not. 7 during the recruiting period. 8 Q. Would you say that Pittsburgh is one 8 Q. You had no home basketball games in 9 of the primary competitive schools with 9 December? 10 recruiting football? 10 A. During -- it's part of the recruiting 11 A. It's one of the schools that we 11 period, no. 12 recruit against, yes. 12 Q. And what about high school coaches? 13 Q. And they're just up the road about an 13 five-dollar fee? 14 hour and a half? 14 A. We charge five-dollar fees for -- we 15 A. Yes. 15 did last year and have no plans to change that 16 Q. Up 79? 16 for the upcoming year. 17 A. Yes. 17 Q. Okay. 18 Q. Take a look at Exhibit GG. This is a 18 What about control over funds raised 19 memo from Mike Wilcox to Mike Garrison and Craig 19 and given to the football program? 20 Walker discussing subsequent to the signing of 20 A. I can't speak to that. 21 the contract the various things that would be 21 Q. Nothing's changed as far as you know? 22 implemented; have you seen this memorandum 22 A. As far as I know. 23 before? 23 Q. And what about the web site? 24 * * * 24 A. What's the question? Page 47 Page 49 1 (Whereupon, Defense Exhibit 1 Q. Coach wanted a web site; did he get 2 GG marked for purposes of identification). 2 one? 3 * * * 3 A. I think it's important to note that 4 A. I have not. 4 Coach Rodriguez had a web site from the very 5 BY MR. ROBON: 5 beginning he was employed at West Virginia 6 Q. Did you have a chance to read it? 6 University. 7 A. I skimmed through it, yes. 7 Q. Well, what kind of web site did he 8 Q. Okay. 8 want to change it to? 9 It talks about control of the 9 A. He had a web site; it was called 10 sideline; was that ever implemented? 10 coachrod.com that was implemented shortly after 11 A. Yes, I mean Coach Rodriguez and the 11 his arrival here, primarily as a recruiting web 12 football staff was provided with control, the 12 site. I understand that he also wanted to change 13 passes for the sidelines. 13 it more into a subscription based web site, not 14 Q. Okay. 14 -- I'm sorry, not necessarily change it but 15 Has the student-athlete textbooks, 15 wanted to have a subscription web site. 16 you said already was not implemented; correct? 16 Q. A new web site? 17 A. Correct. 17 A. Yes. 18 Q. What about the football recruits at 18 Q. That was not implemented though; 19 basketball games? 19 correct? 20 A. Yes, it was. 20 A. No. 21 Q. When was it implemented? 21 Q. And do you know why it was not 22 A. I'm not sure of the exact date, 22 implemented? 23 somewhere in January or February, one of the two 23 A. Well, I can't give the specific 24 at our home basketball games. 24 reasons for it, no. I wasn't -- I wasn't the one 13 (Pages 46 to 49) Page 50 Page 52 1 conveying that to him. 1 agreement. 2 Q. You weren't the one that -- 2 A. This agreement also includes the 3 A. Provided the denial to him. 3 increase -- 4 Q. I see. 4 Q. No, no, the one above it. 5 Did you know about the denial? 5 A. I'm sorry. The quote, this new 6 A. Yes. 6 agreement recognizes the job that Rich has done 7 Q. When did you find out about the 7 at WVU said Pastilong, he has had great success 8 denial? 8 during the past three years and we look forward 9 A. Well, are you referring to since 9 to Rich coaching at his alma mater for a long 10 August 24th? 10 time, closed quote. 11 Q. Right, of '07. 11 Q. Did you, and this was in 2006, in 12 A. I'm not aware of anything related to 12 2007 my understanding was that Ed Pastilong was 13 that. 13 bypassed with regard to the contractual 14 Q. Okay. 14 negotiations with Rich Rodriguez; would you say 15 Take a look at Exhibit HH, and it 15 that's a fair statement? 16 shows this memo was given to you by Jennifer 16 A. He was not involved in the final 17 Fisher; correct? 17 process of completing the contract. 18 * * * 18 Q. And did he indicate to you why he was 19 (Whereupon, Defense Exhibit 19 not involved? 20 HH marked for purposes of identification). 20 A. No. 21 * * * 21 Q. Did you know why he was not involved? 22 A. Yes. 22 A. No. 23 Q. Back on June -- I'm sorry, June 23 of 23 Q. Did you know that President Garrison 24 '06, and Jennifer Fisher was in-house attorney 24 took it upon himself to handle those Page 51 Page 53 1 for West Virginia University? 1 negotiations? 2 A. That's not correct. 2 A. I knew that the nego -- the final 3 Q. What was she? 3 negotiations was handled by the president's 4 A. She was an adviser in the president's 4 office. 5 office; she had several roles, I'm not sure of 5 Q. Okay. 6 the time period but she was a deputy chief of 6 Has the same thing happened with the 7 staff and later served as chief of staff. 7 Bobby Huggins and Bill Stewart contracts? 8 Q. Okay. 8 A. The completion of the Bobby Huggins 9 Before Craig Walker? 9 contract was handled by the president's office. 10 A. Yes. 10 Q. And the negotiations on Bill Stewart 11 Q. So apparently she gave you a memo 11 are still being handled by the president's 12 that in 2006 Rodriguez extended his contract; 12 office? 13 correct? 13 A. I think it's better to characterize 14 A. Let me read through this, okay. 14 it at this point that the general counsel is 15 * * * 15 involved in drafting a contract, beyond that I 16 (Brief pause) 16 can't speak to it. 17 * * * 17 Q. Okay. 18 It appears that this is a reply from 18 I'm going to hand you Exhibit II, 19 an e-mail that I shared with her of the contents 19 which is another e-mail, the same day, June 23 of 20 of the news release in June 2006; that was her 20 '06 relating to Coach Rodriguez; had you seen 21 reply back to me. 21 this memo before? 22 Q. Okay. 22 * * * 23 Would you read out loud the one, two, 23 (Whereupon, Defense Exhibit 24 three, four, the fifth paragraph? Starts this new 24 II marked for purposes of identification). 14 (Pages 50 to 53) Page 54 Page 56 1 * * * 1 A. The committee? 2 A. No. 2 Q. Yes. 3 Q. It says in the very first sentence, 3 A. Not that I'm aware of on a 4 Mike is double-checking that Eddie has informed 4 committee's basis, no. 5 the governor; is that Mike referring to Mike 5 Q. Did you know that the name was run 6 Parsons, you? 6 past the governor for his approval? 7 A. I believe so. 7 A. I do not know that. 8 Q. And why would the governor, Governor 8 Q. Did you hear that? 9 Manchin, be informed of whether or not Rodriguez 9 A. I have not heard that. 10 is signing a contract? 10 Q. I'm going to hand you Exhibit BB, 11 A. This would be done strictly as a 11 which I understand is a spreadsheet that you 12 courtesy. 12 prepared at the request of Ed Pastilong. 13 Q. Has the governor always been informed 13 A. I prepared it but not at the request 14 when contracts are signed at the university for 14 of Ed Pastilong. 15 football and basketball coaches? 15 Q. Who did you prepare at what request? 16 A. I can't speak to that, always, no. 16 A. It was at the urging of our general 17 Q. Did you talk to the governor 17 counsel at the time, Tom Dorer. 18 yourself? 18 Q. Tom Newer? 19 A. No. 19 A. Dorer. 20 Q. Did you leave a message? 20 Q. Dorer? How do you spell that? 21 A. No. 21 A. D-O-R-E-R. 22 Q. Did you talk to his chief of staff? 22 Q. Okay. 23 A. No. 23 And when would the time period have 24 Q. Who did you talk to? 24 been that you prepared this or the time period Page 55 Page 57 1 A. I don't believe I talked to anyone. 1 that you were requested to prepare it? 2 Q. Did you leave a message? 2 A. Spring of '07, the first quarter of 3 A. Again, it wasn't me that was 3 '07, I should say. 4 requesting to contact the governor, just checking 4 Q. Of '07; so this is after the term 5 to see if Eddie had informed the governor. 5 sheet was signed providing for a $4 million 6 Q. Oh, okay. 6 liquidated damage clause in Rodriguez's contract 7 So you were inquiring -- you were to 7 but before his contract was actually signed? 8 make the inquiry to make sure Ed did it? 8 A. Yes. 9 A. Yes. 9 Q. Who else did you give this document 10 Q. Has the governor been involved in the 10 to? 11 last two or three years in the athletic programs 11 A. The completed document? 12 quite a bit at West Virginia University? 12 Q. Well, is this the completed document? 13 A. Our governor is a unique situation in 13 A. Yes. 14 that he's a former athlete and a fan, and he also 14 Q. Okay. 15 has a close personal relationship with Ed 15 Were there drafts before hand? 16 Pastilong. 16 A. No, I guess if I understand your 17 Q. Has he been involved? 17 question is who did I give it to? 18 A. I do not know that he's ever been 18 Q. Right. 19 involved in decision-making, no. 19 A. And my only recollection giving it to 20 Q. Didn't the search committee before 20 was Tom Dorer, our general counsel. 21 they hired Bill Stewart at the end of the game, 21 Q. Okay. 22 the Fiesta Bowl, run the idea past the governor 22 My next question is; is this the 23 that maybe they ought to make the offer to Bill 23 final document that you drafted? 24 Stewart? 24 A. Yes. 15 (Pages 54 to 57) Page 58 Page 60 1 Q. Have there been any modifications 1 A. It's too early to tell. We've not 2 since the spring of '07? 2 completed our season-ticket sales at this point. 3 A. No. 3 Q. When are they going to be completed? 4 Q. How long did you spend in preparing 4 A. August, prior to the first game. 5 this document? 5 Q. Well, but don't you normally when 6 A. I don't recall. 6 people renew their seats you give them notice in 7 Q. Approximately, a day, two days, a 7 the springtime? 8 week? 8 A. Yes. 9 A. I'd say a week. 9 Q. Did you do that this year? 10 Q. Full-time or part-time? 10 A. Yes. 11 A. Part-time. 11 Q. And when were they supposed to have 12 Q. So how many hours, 10, 12? 12 their money in by? 13 A. I'm guessing 10, 12. 13 A. The suggested deadline is May 15, but 14 Q. Okay. 14 not all ticket holders are in at this point. 15 And who gave you the 18 categories 15 Q. Okay. 16 that are numbered on the left margin? 16 Have you noticed any decline in 17 A. It was a concerted effort between Tom 17 renewals? 18 Dorer, who really dealt more to form than content 18 A. Again, it's too early to tell, we've 19 and my discussions also with Russ Sharpe. 19 not completed that number but we are not -- in 20 Q. And Russ Sharpe is the finance guy? 20 comparison to previous years we're on schedule. 21 A. Yes. 21 Q. You are on schedule? 22 Q. Did Rush Sharpe have any input into 22 A. Yes. 23 this document, Exhibit BB? 23 Q. So there most likely won't be any 24 A. Yes. 24 loss? Page 59 Page 61 1 Q. And what input did he have? 1 A. For this year? 2 A. Helping to determine some of the 2 Q. For 2008. 3 numbers. 3 A. Again, I'm assuming what the result 4 Q. And which numbers? Which lines, one 4 could be. 5 through 18? 5 Q. Well, will you keep me informed in 6 A. Probably most of the lines -- at 6 that regard? 7 least most of one through 15 he was involved with 7 MR. WAKEFIELD: If you want 8 one way or another. 8 any information you'll need to direct that to 9 Q. So is it fair to say lines 1 through 9 Counsel. 10 15 would be his numbers and 16, 17, 18 would be 10 BY MR. ROBON: 11 yours? 11 Q. Can you at this moment in time 12 A. I think one through 15 were numbers 12 pinpoint out of these 15 categories any direct 13 that we determined jointly. 13 economic loss to the University Athletic 14 Q. Okay. 14 Department? 15 And if I was to weigh the averages, 15 A. Yes. 16 was it equal with you or he had more say than you 16 Q. Which ones? 17 or less say than you? 17 A. Item two. 18 A. I'd say equal. 18 Q. It says loss of Mountaineer Athletic 19 Q. Okay. 19 Club donations; is that -- don't those go to the 20 It says potential -- number one it 20 University Foundation? 21 says potential loss of football season or 21 A. Yes. 22 single-game revenue over a $1 million; have there 22 Q. So that wouldn't be a loss to the 23 been any reduction in football season tickets so 23 University? 24 far? 24 A. That's incorrect because they -- they 16 (Pages 58 to 61) Page 62 Page 64 1 hold the money that we collect for donations for 1 In what sense did they ask? 2 various facilities or for scholarship money. 2 A. They wanted to utilize our mailing 3 Q. So would you say that they're 3 list in order to raise money for the marching 4 intricately involved with the University at the 4 band, which is not directly part of the athletic 5 Foundation? 5 department. 6 A. I can't speak to what the actual 6 Q. I see. 7 relationship is. They are -- where we house our 7 And you had a mailing list? 8 private funding. 8 A. Yes. 9 Q. So your donors don't donate to West 9 Q. So it was a mailing list like who you 10 Virginia University, they donate to the 10 sell tickets to? 11 Foundation and then the monies are funneled from 11 A. Yes. 12 the Foundation to the University? 12 Q. That you gave to the Foundation? 13 A. It could be both ways actually. 13 A. We will give to the Foundation. 14 Q. Okay. 14 Q. You haven't done it yet? 15 How many employees does the 15 A. Right. 16 Foundation have to your knowledge? 16 Q. And how did you know that they wanted 17 A. I have no idea. 17 to raise money for the marching band? 18 Q. Who is the head of the Foundation? 18 A. They sent a memo to us. 19 A. It's currently Wayne King. 19 Q. And who in the university made a 20 Q. And how long has he been doing that? 20 determination that the marching band needed 21 A. I think about a year. 21 additional money? 22 Q. And who do you deal with at the 22 A. I can't answer that question. 23 Foundation? 23 Q. It wasn't the athletic department? 24 A. I rarely deal directly with the 24 A. No. Page 63 Page 65 1 Foundation; it's basically done through our 1 Q. Anything else here that you can show 2 business office. 2 a direct loss, currently? 3 Q. That's through Russ Sharpe? 3 A. Item 8. 4 A. Through Russ Sharpe. 4 Q. Search and related expenses? 5 Q. When is the last time that you had 5 A. Yes. 6 occasion to deal with the Foundation? 6 Q. How much did you pay a search firm? 7 A. I would say sometime in the last 7 A. I think our final bill was 8 month. 8 approximately $25,000. 9 Q. And what circumstance? 9 Q. And then you hired from within; 10 A. A request to use one of our mailing 10 correct? 11 lists for our fundraising campaign. 11 A. Yes. 12 Q. Fundraising for? 12 Q. And was the $25,000 a fee or a 13 A. For the actual marching band was that 13 combination of a fee, plane fares and other 14 particular request. 14 expenses? 15 Q. So when you make a request like that; 15 A. Well, that was just one part of that 16 who within the Foundation determines whether 16 particular line item but that was a fee. 17 money should be allocated for it? 17 Q. And what other line items were there 18 A. As far as? Ask the question again. 18 in that particular item number 8? 19 Q. When you make a request for funds for 19 A. Well, you would go beyond that where 20 the marching band, that would be for the football 20 we had candidates who -- that we brought to a 21 and basketball team I'm assuming? 21 location for interviews, there were expenses 22 A. Well, the actual request came from 22 related to that. 23 the Foundation to us, not us to them. 23 Q. How much would that be? 24 Q. Okay. 24 A. Directly related to the head football 17 (Pages 62 to 65) Page 66 Page 68 1 coach part of this, I believe our expenses were 1 begins tape two. 2 somewhere in the neighborhood of $30,000, not 2 BY MR. ROBON: 3 including air, use of the university airplane. 3 Q. You indicated when we switched tapes, 4 Q. And $30,000 plus the $25,000? 4 Mr. Parsons, that you thought there would be 5 A. No, included in that, let me rephrase 5 $40,000-$50,000 in expenses for recruiting 6 that. My recollection is we spent about $30,000, 6 assistant football coaches? 7 not including the use of the university airplane 7 A. That number may even go up higher 8 or certainly staff time of the president, chief 8 when you look at the number of people from our 9 of staff, the athletic director and myself and 9 strength staff that we had to replace as well. 10 others. 10 Q. Okay. 11 Q. But the $30,000 would include the 11 But you're able to calculate what 12 $25,000? 12 those numbers are; correct? 13 A. As it relates to the head football 13 A. Should be, yes. 14 coach, yes. 14 Q. And do you have documentation for 15 Q. Right. 15 those numbers? 16 A. There were additional costs beyond 16 A. I'm sure we would have receipts tied 17 that for the hiring of the rest of the assistant 17 to them. 18 coaches and other positions. 18 Q. So if we made a request of Counsel, 19 Q. How much do you anticipate that would 19 they should be able to provide that? 20 have been? 20 A. Should be. 21 A. I don't -- I don't know the final 21 Q. Okay. 22 answer on that. 22 And are you paying the coaches more 23 Q. $5,000, $6,000? 23 now, the assistants than you paid under 24 A. No, I think when you start to 24 Rodriguez? Page 67 Page 69 1 interview the number of people that we had to 1 A. As a total, yes. 2 interview and bring on the campus that number 2 Q. And didn't Rodriguez want raises for 3 would go up rather significantly. 3 his assistant coaches and that was one of the 4 Q. How much? 4 problems he was having with the university? 5 A. I would think it could be anywhere 5 A. I can only speak to the past, that he 6 from $40,000 to $50,000 more. 6 was given an opportunity to raise coaches' 7 Q. For assistants; can you do a more 7 salaries several times. 8 exact calculation and get it for me? 8 Q. But he wanted more than what was 9 MR. WAKEFIELD: Again, if you 9 allocated; correct? 10 want anything you need to direct your inquiry to 10 A. Again, I can't speak to that part of 11 Counsel. 11 it directly. 12 BY MR. ROBON: 12 Q. What else on Exhibit BB, what line 13 Q. You could do that though; correct? 13 item at the university so far has suffered some 14 A. Yes. 14 direct loss, in your opinion? 15 MR. ROBON: Do you want to 15 A. Item number nine. 16 change tapes? 16 Q. Moving and relocation expenses? 17 VIDEOGRAPHER: Yes. The time 17 A. Yes. 18 is 10:24 a.m.; we're going off the record. This 18 Q. And who did you move and relocate? 19 concludes tape one. 19 A. We've probably moved and relocated 20 * * * 20 directly related to football, maybe 12 to 14 21 (Short break taken) 21 individuals. 22 * * * 22 Q. And what kind of expense did that 23 VIDEOGRAPHER: The time is 23 cost? 24 10:27 a.m.; we are back on the record. This 24 A. I would say it probably exceeds 18 (Pages 66 to 69) Page 70 Page 72 1 $150,000 that we have allocated in this line. 1 A. No. 2 Q. And you have the receipts for that? 2 Q. Why are you having to pay more money? 3 A. We can and will; some people have yet 3 A. To attract the ones that we wanted, 4 to move. 4 we had to pay more money. 5 Q. Okay. 5 Q. Okay. 6 Anything else on item Exhibit BB? 6 And how much more? 7 A. The item 10. There are some changes 7 A. Collectively I'm thinking around 8 that will be made to the physical part of the 8 $50,000. 9 facility itself. 9 Q. Okay. 10 Q. And why was that necessitated by Bill 10 And there is a line item on Exhibit 11 Stewart taking -- 11 BB? 12 A. Well, there's one of the things that 12 A. We already mentioned 14. 13 and again, we have not moved forward with this 13 Q. You have assistant coaches,? 14 yet, but the video room needs to be changed and 14 $40,000-$50,000? 15 upgraded. 15 A. Right. Well, no, I'm sorry, say that 16 Q. Well, it needed to be changed and 16 again. 17 upgraded if Rodriguez stayed too, didn't it? 17 Q. I wrote down $40,000-$50,000 extra 18 A. I don't know that. I mean it worked 18 you paid for new assistant coaches. 19 for the video coordinator at the time, the new 19 A. No, that would be for the strength 20 video coordinator, the process it's just not 20 coaches, the 50. 21 functional the way that they want to proceed. 21 Q. Well, I wrote down assistant coaches 22 Q. So they want to upgrade? 22 that same number earlier; is it a different 23 A. They want to change the physical 23 number? 24 stature of the room, yes. 24 A. I may have misunderstood your Page 71 Page 73 1 Q. What do you expect that's going to 1 question then. 2 cost? 2 Q. Okay. 3 A. I don't know. 3 A. The amount on additional compensation 4 Q. Give me an estimate. 4 for our assistant coaches collectively would be 5 A. I would say $40,000-$50,000. 5 somewhere around the neighborhood of $700,000. 6 Q. But that hasn't been spent yet? 6 Q. $700,000, You're paying for the same 7 A. Not yet. 7 number of coaches, yes? 8 Q. Anything else? 8 A. Yes. 9 A. Item 12, we had to pay additional 9 Q. Is that because Doc Holliday is 10 compensation to attract a new video coordinator. 10 getting $400,000 as an assistant coach? 11 Q. And that was to replace Dusty 11 A. That's part of it, yes. 12 Rutledge? 12 Q. And what was the highest-paid 13 A. Yes. 13 assistant coach that Rodriguez had? 14 Q. How much are you paying the new guy? 14 A. I believe it to be somewhere in the 15 A. $45,000. 15 $250,000 range. 16 Q. How much were you paying Rusty -- 16 Q. For Calvin McGhee? 17 Dusty Rutledge? 17 A. I believe so. 18 A. I believe $30,000. 18 Q. And it wasn't less than 200? 19 Q. What else? 19 A. For? 20 A. Increase in compensation to attract 20 Q. Calvin McGhee? 21 some members of our strengths staff, we replaced 21 A. I don't recall that exactly, no, but 22 the majority of the strengths staff. 22 I believe it to be over that. 23 Q. And are you suggesting that the older 23 Q. So you're saying $700,000 for 24 ones were underpaid? 24 assistant coaches and another $50,000 for 19 (Pages 70 to 73) Page 74 Page 76 1 strengths staff coaches? 1 A. I mean obviously there's been a lot 2 A. Yes. 2 of coverage of the story with the departure and 3 Q. Has the number of coaches increased? 3 not all of it has been very positive. Reaction 4 A. No. 4 and how stories are presented in the news media 5 Q. Same number? 5 can have a long-range effect with recruiting 6 A. Yes. 6 particularly. So it's difficult to analyze 7 Q. Anything else on Exhibit BB? 7 exactly the effect of that. 8 A. As it relates to the financial part? 8 Q. Do you know Steve Farmer? 9 Q. Yes. 9 A. Yes. 10 A. Well, you could go down to 16, 17 and 10 Q. Do you deal with him at all? 11 18, obviously which we can't put a financial 11 A. No. 12 figure on that part but obviously there is some 12 Q. In fact, he doesn't like you, does 13 reaction, negative reaction and I'm certainly not 13 he? 14 sure of where the -- any effect on the APR would 14 A. I don't know that. 15 come into play yet. 15 Q. Oh, he's never told you that? 16 Q. Well, let's take a look at 16. 16 A. No. 17 A. Okay. 17 Q. Did you know he testified yesterday 18 Q. Negative public reaction to the 18 that the news media were very negative, like a 19 university; there's been a lot of that, hasn't 19 mob attitude against the university? 20 there? 20 A. I was not aware of that. 21 A. There's certainly been a lot of 21 Q. And that had to do with the Heather 22 discussion that we'd rather not have in the 22 Bresch matter, it had nothing to do with the 23 newspapers, yes. 23 football program; and how much is the university 24 Q. Right, with Heather Bresch and the 24 saving by not having to pay Rodriguez a high Page 75 Page 77 1 president resigning, but that's nothing to do 1 salary compared to Bill Stewart? 2 with football program? 2 A. If you're just comparing the two? 3 A. It's nothing to do with the football 3 Q. Right. 4 program. 4 A. I'd say in the neighborhood of 5 Q. But you acknowledge there's been 5 $800,000. 6 tremendous scandals or as classified by the news 6 Q. In savings? 7 media as scandals at the university? 7 A. Yes. 8 MR. FLAHERTY: Object to the 8 Q. Any other item, financial or 9 form of the question. 9 otherwise that you have information about on 10 A. I know that there has been a lot of . 10 Exhibit BB? 11 non-positive exposure for the university. 11 A. Well, we're not sure of the effect on 12 Q. And basically caused President 12 the APR side yet, that will be a year or so 13 Garrison to resign last Friday? 13 before we're able to know what effect it will 14 A. I can't guess to that. 14 have. 15 Q. Do you know what he's going to do 15 Q. The APR being? 16 after he resigns as president? 16 A. The Academic Performance Rating. 17 A. I do not. 17 Q. Okay. 18 Q. He's not going to take Ed Pastilong's 18 And this is players that elected to 19 place, is he? 19 transfer; no players have elected to transfer, 20 A. No. 20 have they? 21 Q. Okay. 21 A. I don't know the exact -- I don't 22 Number 17 is media -- negative 22 know that to be the exact number, if any, to 23 reaction by media; have you experienced that at 23 transfer. I do know that we've had some players 24 all? 24 who decided to go the professional route and that 20 (Pages 74 to 77) Page 78 Page 80 1 could affect it as well. 1 a winning track. 2 Q. But that happens with every good 2 Q. Right. 3 athlete, doesn't it? 3 And he did that? 4 A. Could, could. 4 A. Yes. 5 Q. Did you after you prepared Exhibit B 5 Q. Anything else you want to tell me 6 or during your preparation of Exhibit B, did you 6 about on Exhibit BB? 7 speak with any other Big East athletic 7 MR. FLAHERTY: He can tell 8 departments or athletic directors or coaches or 8 you whatever you want; you're to ask the 9 anybody that had lost a head coach? 9 questions, not him to generate them. 10 A. No. 10 MR. ROBON: Well, I want to 11 Q. So these are your own numbers? 11 know anything, other information that you have 12 A. They are numbers determined by myself 12 with regard to Exhibit BB. In other words, I 13 along with consultation with Russ Sharpe, they're 13 don't -- my purpose of asking the question that 14 really not difficult numbers to determine. 14 way, Mr. Parsons, is I don't want you to provide 15 Q. So is it your testimony that had 15 an affidavit or testimony in the future about 16 there been no liquidated damages provision in the 16 something we didn't talk about, so if I didn't 17 contract and just a damages provision to be 17 ask it, tell me now. 18 calculated after the leaving, you could come up 18 MR. FLAHERTY: I'm going to 19 with a number? 19 object to that. How would he know what you 20 A. It's very difficult to do because 20 haven't asked? I mean you're here to ask the 21 obviously you don't know what long-range effects 21 questions; he is here to answer the questions. If 22 could happen. Obviously, these numbers are 22 you've got an inquiry, make it. 23 primarily looking at year one. 23 MR. ROBON: I made it. 24 Q. Right. 24 MR. FLAHERTY: You have not. Page 79 Page 81 1 A. But your program can start to decline 1 BY MR. ROBON: 2 in year two or three, so when this was prepared 2 Q. Do you have any other information 3 while we did not know what to expect, we had to 3 that we haven't talked about? 4 determine what we thought was a fair number as we 4 MR. FLAHERTY: Go ahead and 5 looked ahead. 5 answer if you can. 6 Q. Well, your program could have 6 A. Well, I think it's clear to 7 declined with an existing coach though too, 7 understand that this was something done in that 8 couldn't it? 8 particular year, things will grow during that 9 A. It could. 9 time period. You know, for instance, ticket 10 Q. I mean there's no guarantee of a 10 revenues and the potential loss of that ticket 11 coach having a winning record year after year? 11 revenues will grow as ticket prices go up, as 12 A. It could but we knew that we had a 12 more tickets are sold during that time period. So 13 proven coach at the time. 13 this is -- when it was structured at that time, 14 Q. Well, even proven coaches like, 14 that knowing that over a multi-year period it 15 what's the older fellow at Penn State? 15 will change -- 16 A. Joe Paterno. 16 Q. But it could be positive instead of 17 Q. Paterno, he's in his 80's and I think 17 negative? 18 he had three losing seasons in the last several 18 A. In what way? 19 years, which was unheard of for him; correct? 19 Q. You could sell more tickets. 20 A. I don't know the exact records of 20 A. Which would mean more damage. 21 Penn State but, again, any coach can stub their 21 Q. If you sold more tickets? 22 toe from year to year, that's why you have 22 A. Well, if a coach left. 23 multi-year agreements. But normally coaches that 23 Q. No, I'm saying assuming Bill Stewart 24 are proven are going to rebound and get back onto 24 has a successful team you might have a sellout 21 (Pages 78 to 81) Page 82 Page 84 1 every game this season? 1 A. No. 2 A. We could, but then the following year 2 Q. Did he leave voluntarily? 3 if we happen to stub our finger -- or our toe 3 A. Yes. 4 rather than at that point revenue could go down 4 Q. Did you discuss with him his reasons 5 as well. Again, when this was done we tried to 5 for leaving? 6 come up with a fair number that we felt that 6 A. No. 7 could identify what our potential damages could 7 Q. Did he make a lateral move or was it 8 be with the coach's departure. 8 a demotion? 9 Q. Potential, but not necessarily real 9 A. It was definitely not a demotion, I 10 or realized? 10 can't speak to whether it was lateral or not. I 11 A. Well, just take item two, the loss of 11 know it was closer to his home. 12 MAC donations. We had itemized it at $700,000 and 12 Q. In Arizona? 13 in reality that number was significantly higher. 13 A. Yes. 14 Q. How much higher? 14 Q. How long has he been here in West 15 A. Well, we had one donation alone that 15 Virginia? 16 was withdrawn, it was $2.5 million. 16 A. I'm going to say two to three years. 17 Q. That was Ken Kendrick? 17 Q. And was he paid by the athletic 18 A. It was. 18 department? 19 Q. And that was withdrawn because of the 19 A. He was paid by the Foundation using 20 way the university treated Coach Rodriguez? 20 athletic department funds. 21 MR. FLAHERTY: Object to the 21 Q. Donations that came into the athletic 22 form of the question. 22 department? 23 A. My knowledge it was done because 23 A. Yes. 24 Coach Rodriguez was no longer the coach. 24 Q. That were funneled through the Page 83 Page 85 1 Q. Have you spoken with Mr. Kendrick? 1 Foundation? 2 A. I have not. 2 A. Yes. 3 Q. Who would be the person to speak to 3 Q. His salary was paid that way? 4 Ken Kendrick at the University or the Foundation 4 A. Yes. 5 level? 5 Q. Do you remember what his salary was? 6 A. Regarding what subject, his donation? 6 A. I believe it was somewhere in the 7 Q. His donation. 7 $80,000 to $85,000 range. 8 A. It could be Wayne King at the 8 Q. And who's replaced him now? 9 Foundation; it could be at the time of this, it 9 A. On an interim basis it's Niles 10 could have been Larry Aschebrook who was the head 10 Eggleston. 11 of our Mountaineer Athletic Club at the time, or 11 Q. And how much is he being paid? 12 Niles Eggleston who is currently the head of the 12 A. I'm not sure of the exact number now. 13 Mountaineer Athletic Club. 13 Q. Less than Aschebrook? 14 Q. What kind of deal was made with 14 A. I'm not sure. 15 Aschebrook? 15 Q. Any other information that you have 16 A. I'm sorry? 16 that's represented on Exhibit BB? 17 Q. In leaving the university? 17 A. No. 18 A. A deal? 18 MR. WAKEFIELD: I'm going to 19 Q. Yeah. 19 object to that question as being overly vague. 20 A. No deal was made. 20 There's simply no way for this man to be able to 21 Q. No severance package? 21 tell you all the information that he has relating 22 A. No. 22 to this document. It's an unfair question, it's 23 Q. Was he told that he would be 23 not specific at all; I don't think any court 24 replaced? 24 would ever allow you to ask that at trial. 22 (Pages 82 to 85) Page 86 Page 88 1 BY MR. ROBON: 1 A. No, not at this point. The contracts 2 Q. Is there any other information that 2 are actually with the Big East conference. 3 you have generated since you did Exhibit BB that 3 Q. And whether or not West Virginia's 4 has any impact or affect on exhibit BB and the 4 game is televised, if a Big East game is 5 numbers and information contained thereon? 5 televised, West Virginia shares in the proceeds? 6 A. Other than our, you know, if we're 6 A. We receive an appearance fee for any 7 looking at percentages our numbers will increase 7 game that, any home game that we appear on. 8 as time goes on. 8 Q. How much is that? 9 Q. But that will happen with inflation? 9 A. It could change year to year while 10 A. Yes. 10 we're about $135,000 a game. 11 Q. Okay. 11 Q. And how many were televised last 12 Do you believe that one of the 12 year? 13 reasons that the universities are using 13 A. I believe eight. 14 liquidated damages provisions now are to make it 14 Q. And you believe the same number will 15 more difficult for coaches to change jobs? 15 be televised this year? 16 A. No, I think it's that universities 16 A. It's too early to tell at this point. 17 are making major commitments in salaries and 17 A lot of it will have to do with the success of 18 facilities and it's a way for them to recoup the 18 the program. 19 investments that they've made into those salaries 19 Q. So they pick the more successful 20 and facilities and the damages that would occur 20 teams? 21 from that. 21 A. Yes. Some games are picked prior to 22 Q. Okay. 22 the season and others are during the season. 23 But is it making it more difficult 23 Q. And how many games have been picked 24 for the coaches to change jobs if they have 24 so far for the 2008 season? Page 87 Page 89 1 baggage in the form of liquidated damages 1 A. Four. 2 provisions? 2 Q. Which four? 3 A. I can't speak to that. I'm not a 3 A. Colorado, Auburn, Pitt, East 4 coach. 4 Carolina. 5 I've never been in that situation. 5 Q. And which ones are in the Big East? 6 Q. Have you spoken with coaches about 6 Pitt? 7 it? 7 A. Yes. 8 A. About liquidated damages? 8 Q. And any of the others? 9 Q. Uh-huh (yes). 9 A. Well, the other three are home games, 10 A. As part of our preparation for 10 so we would be paid for the home games. So the 11 agreements, yes. 11 Colorado game is not a game we would be 12 Q. Have you spoken to other athletic 12 compensated for. 13 directors or assistant athletic directors or 13 Q. Because it's out in Colorado? 14 financial athletic directors or deputy athletic 14 A. Yes. 15 directors about coaches will have less of a 15 Q. Was there any consultant hired in 16 tendency to want to leave if there is a huge 16 connection with your preparation of Exhibit BB? 17 liquidated damages provision? 17 A. No. 18 A. Specifically about that subject, no. 18 Q. And there's been no additional 19 Q. And was that discussed at any 19 documents prepared by you? 20 conferences or seminars that you've been at? 20 A. Correct. 21 A. No. 21 Q. Has anybody else in the athletic 22 Q. No TV contracts have been rejected or 22 department prepared anything like Mr. Sharpe? 23 modified this year; correct, on the football 23 A. Not that I'm aware of. 24 program? 24 Q. Would you consider yourself an expert 23 (Pages 86 to 89) Page 90 Page 92 1 in the things that we talked about on Exhibit BB? 1 counsel, I presume? 2 A. I consider myself very knowledgeable, 2 MR. ROBON: Other than legal 3 yes. 3 counsel? 4 Q. Would you consider yourself an 4 THE WITNESS: No. 5 expert? 5 BY MR. ROBON: 6 A. I'm rather modest but I think I'm 6 Q. Did you have a favorable impression 7 very knowledgeable about them, yes. 7 of Rodriguez when he was here? 8 Q. Would you feel qualified to testify 8 A. I thought he was an excellent coach. 9 for another university on those same issues if 9 Q. Did you see anything wrong with him 10 they retained you? 10 leaving the program to go to a bigger program? 11 A. Yes, I would. I think those are very 11 MR. FLAHERTY: Object to the 12 viable potential damages and determining the 12 form of the question. Go ahead and answer if you 13 numbers is a very easy process. 13 can. 14 Q. During the negotiations on 14 A. I'm not sure, while they may have a 15 Rodriguez's contract from August through December 15 stronger history, I'm not sure I would classify 16 of '07, did you have any discussions with Mike 16 it as a bigger program, first of all. 17 Brown? 17 Q. Well, it's a bigger school? 18 A. No. 18 A. Larger enrollment, maybe, but I think 19 Q. Did you have any discussions with 19 our program; I'll match it with any of them. 20 Michael Wilcox? 20 Q. Would you disagree that he must have 21 A. No. 21 considered it an advancement for himself? 22 Q. Did Ed Pastilong have any discussions 22 MR. FLAHERTY: Object to the 23 that he related to you, or either of those two 23 form. 24 individuals? 24 A. I can't speak for what his thoughts Page 91 Page 93 1 A. During what time period? 1 are. 2 Q. Between August and December of '07? 2 Q. Did you think he might ask you to 3 A. Not that I'm aware of. 3 come along? 4 Q. Did you have any discussions or 4 A. No. 5 meetings with President Garrison or Craig Walker 5 Q. Why not? 6 relating to the Rodriguez matter between August 6 A. I'm not sure I would provide a 7 and December of '07? 7 service to him specifically. I don't work for a 8 A. Only at the time that Ed signed the 8 coach per se. I work for a department. I work for 9 agreement in August and it was at the time period 9 a university, that's my history. 10 he signed the agreement. 10 Q. Do you think that there's been a 11 Q. After Rodriguez had signed it? 11 public perception that since he was originally 12 A. Yes. 12 from West Virginia, went to school here, that he 13 Q. He wasn't around on the day Rodriguez 13 shouldn't have left? 14 signed it or you don't know? 14 A. No, I think, I mean coaches do leave. 15 A. I don't know that. 15 That's a fact of life. It does happen. 16 Q. Do you believe that Coach Rodriguez 16 Q. You don't hold that against him? 17 did anything to hurt the university in any 17 A. No, I think it could have been a 18 aspect? 18 smoother process. 19 A. Not that I'm aware of. 19 Q. In what way? 20 Q. Have you discussed the Exhibit BB or 20 A. Well, I just think if I would be 21 the calculations of any loss caused by 21 recommending to do things a little differently 22 Rodriguez's leaving with anyone outside of the 22 from a public relations standpoint. 23 University arena? 23 Q. How would you have done it 24 MR. FLAHERTY: Other than 24 differently? 24 (Pages 90 to 93) Page 94 Page 96 1 A. Well, I think the first thing I would 1 with on the Beilein analysis turned out to be 2 have done is speak directly to the athletic 2 true or didn't happen? 3 director and present a letter of resignation, and 3 A. I didn't go back and itemize the 4 a discussion relative to that. 4 effect of it, no. 5 Q. You mean a discussion why he left? 5 Q. Well, in fact, with the new coach a 6 A. Or just to inform him that he's 6 lot of people see the program as better off than 7 leaving. 7 it was with John Beilein; -- 8 Q. I'm going to hand you Exhibit number 8 MR. FLAHERTY: Is that a 9 AA; have you ever seen that document? 9 question? 10 MR. WAKEFIELD: What was that 10 Q. -- is that the public perception? 11 exhibit number? 11 A. I think there are some people that 12 MR. ROBON: Double A. It's 12 feel that way, absolutely. 13 dated January 10 of '08. 13 Q. Do you feel that way? 14 THE WITNESS: Yes, I did see 14 A. I think we have not taken a step 15 it after Ed received it. 15 backwards but we have moved forward, yes. 16 BY MR. ROBON: 16 Q. Did you know that one of the Board of 17 Q. That kind of explains his rationale 17 Governors indicated that Beilein's family didn't 18 why he left; does it not? 18 like living here in Morgantown? 19 A. I can't speak for him. 19 A. I was not aware that a Board of 20 Q. Tell me, did you know that the 20 Governors member felt that, no. 21 university was going to sue him? 21 Q. Did you know that Beilein felt that 22 A. Prior to taking action? 22 way? 23 Q. Yes. 23 A. I knew that he was, I think he had 24 A. No. 24 some family issues that he was dealing with. Page 95 Page 97 1 Q. Was there any discussion that you 1 Q. Were you involved in his buyout? 2 were involved in? 2 A. In what part of it? 3 A. No. 3 Q. In any part of it. 4 Q. Did Mr. Pastilong know that the suit 4 A. I was involved in the structure of 5 was going to be brought? 5 the contract, yes. 6 A. I'm not sure. 6 Q. After he left were you involved? 7 Q. You were in the same position that 7 A. In what part of it? Again, I'm sorry. 8 you were -- are now when John Beilein left; 8 Q. In calculating -- you said you 9 correct? 9 calculate a damage figure -- 10 A. Yes. 10 A. Prior of his departure, yes. 11 Q. Did you do any financial analysis in 11 Q. Prior to his departure? 12 the spring of '07 when you did Exhibit BB when 12 A. Yes. 13 John Beilein left as the head basketball coach? 13 Q. Why was that done prior to his 14 A. I can't remember the time frame but 14 departure? 15 we had a similar document to this, yes. 15 A. Same reason this was, to provide a 16 Q. Could you provide that for us, 16 summary of potential damages. 17 Counsel? 17 Q. Okay. 18 MR. FLAHERTY: Make a request 18 Did you do one after his departure? 19 for it. 19 A. No. 20 BY MR. ROBON: 20 Q. But you could do an analysis after 21 Q. Do you recall the dollar figure that 21 his departure or make a comparison? 22 you came up with Beilein? 22 A. We could but again when liquidated 23 A. I don't recall it. 23 damages are put into a contract, we're assuming 24 Q. Have the numbers that you came up 24 what potential damages could be. It's impossible 25 (Pages 94 to 97) Page 98 Page 100 1 to predict what they will be at the time of 1 A. No. 2 preparation of the contract. 2 BY MR. ROBON: 3 Q. And in Beilein's case no monies have 3 Q. Did you see and after he lost the 4 been paid to the university, they have been paid 4 Pitt game? 5 to the Foundation; correct? 5 A. Immediately after the game? 6 A. I don't know the answer to that. 6 Q. No, no, within a week. 7 Q. Were you ever told that Rich 7 A. I can remember, I do recall seeing 8 Rodríguez was informed that certain donors were 8 him at a Fiesta Bowl function that we hosted at 9 demanding a large liquidated damages number so he 9 the stadium and I can't remember if we had a 10 wouldn't leave? 10 conversation relative to the preparations for the 11 A. I was not aware of that. 11 bowl, we make an advanced trip out, but I don't 12 Q. How often during the tenure of Coach 12 recall actually talking to him about that trip. 13 Rodriguez would you and he have negotiations or 13 What I remember is his staff was also on the 14 opportunities to sit face-to-face? 14 trip. 15 A. To negotiate? 15 Q. What is MSN? 16 Q. To deal with issues. 16 A. MSN is the Mountaineer Sports 17 A. Occasionally, I mean most of his 17 Network, which is an in-house radio and 18 dialogue was with Ed Pastilong. 18 television network operated by the university. 19 Q. Is it fair to say that Ed Pastilong 19 Q. And does the athletic program benefit 20 felt that Rodriguez was getting too big for his 20 from it? 21 pants, so to speak because he was so successful? 21 A. Yes. 22 A. No. 22 Q. And in particular the football? 23 Q. You never felt that way? 23 A. I think all of our programs do. 24 A. I never witnessed that. 24 Q. So it's just not for football? Page 99 Page 101 1 Q. Did Pastilong ever say anything about 1 A. Not just for football. 2 it? 2 Q. Do other schools have web sites with 3 A. No. 3 a subscriber fee for coaches? 4 Q. Does Pastilong give you confidential 4 A. The only one that I can recall with a 5 information? 5 subscription side of it is Virginia Tech. 6 A. Yes. 6 Q. Is that in the Big East? 7 Q. About coaches? 7 A. No, not currently. 8 A. About coaches. 8 Q. Used to be? 9 Q. What did Pastilong say in the 2007 9 A. Yes. 10 football season about Rodriguez, if anything? 10 Q. And they left with Miami, I think? 11 A. I don't recall any specific things 11 A. Yes. 12 about his performance; I assume you're talking 12 Q. Has the Big East been downgraded 13 about? 13 because of the loss of those two schools? 14 Q. Uh-huh (yes). 14 A. It's actually three schools including 15 A. I don't recall any specific 15 Boston College but I mean there was certainly a 16 conversation. 16 concern that that would happen, but I think we've 17 Q. What about when he lost the Pitt 17 dispelled those rumors. 18 game? 18 Q. What's the designation on your 19 A. No. 19 automobile license; is it MSN? 20 Q. Did you talk to him after he lost the 20 A. Yes. 21 Pitt game? 21 Q. That was kind of your baby, so to 22 MR. FLAHERTY: Do you mean 22 speak? 23 Pastilong or Rodriguez? 23 A. I've been involved with it for a 24 MR. ROBON: Rodriguez. 24 number of years. 26 (Pages 98 to 101) Page 102 Page 104 1 Q. Did you originate it? 1 A. Well, we became aware that there were 2 A. No. 2 documents missing from the head coach's office 3 Q. But you took it to the level it's at 3 after we returned from the bowl game. We were 4 now? 4 informed by -- 5 A. I believe so. 5 Q. The bowl game was when? 6 Q. What's an RFP? 6 A. January 2nd. 7 A. Request for Proposal. 7 Q. So this was a couple weeks after 8 Q. Were you aware that President 8 Rodriguez left? 9 Garrison and Craig Walker indicated to Rodriguez 9 A. I think it was the next week. We were 10 that they were going to put an RFP out for media 10 informed by the director of football operations 11 rights to West Virginia athletics? 11 that there were documents missing and in fact we 12 A. I was informed of it in late August. 12 were told there were no documents left, and at 13 Q. And what happened with that? 13 that point there wasn't much we could do about 14 A. To date? 14 it, they were gone. 15 Q. Yes. 15 Q. What documents did you expect to be 16 A. Nothing. 16 left? 17 Q. Would that be in competition with 17 A. Well, I'm not sure what we expected 18 MSN? 18 but I would think that anybody who leaves a job 19 A. It would essentially replace it, yes. 19 that there would be something left. 20 Q. So from your perspective you wouldn't 20 Q. Well, when John Beilein left; did he 21 want that to happen? 21 clean out his office? 22 A. There are advantages from operating 22 A. There were documents left in his 23 your media rights in-house as well as outsourcing 23 office. There were files still there, yes. When 24 them as well. It's something that's the media 24 we became aware of it we just -- they're gone, Page 103 Page 105 1 rights and they go beyond the MSN part of things. 1 they're gone. But about a week later the 2 But there are advantages and we've been operating 2 information appeared in the newspaper with an 3 successfully since the 1960's. 3 unknown source. 4 Q. Did you suggest to Walker and 4 Q. Was that source Bill Stewart? 5 Garrison that they didn't need to do that? 5 A. Not that I'm aware of. 6 A. Not at that time. 6 Q. Who do you think the source was? 7 Q. At what time did you suggest it? 7 A. I really honestly, I have no idea. 8 A. We had another conversation where I 8 Q. Do you think the source was from the 9 tried to make them better aware of what MSN 9 athletic department? 10 actually was. 10 A. I do not know. But that morning when 11 Q. Did you ever hear Ed Pastilong make a 11 it appeared in the newspaper I called Alex Macia 12 statement that he wouldn't let Garrison or Walker 12 and asked how we should handle it, and how -- 13 run the athletic department? 13 what kind of instructions we should provide to 14 A. No. 14 the sports information staff, and his suggestion 15 Q. Does that sound like something that 15 to me was, let's go make sure exactly what is 16 he would say? 16 missing, and I went over and met with the 17 A. No. 17 football operations director as well as the two 18 Q. Do you recall the news discussions 18 secretaries and they reviewed -- we went through 19 about the shredding incident back in January or 19 the office and the side cabinet, or the side 20 February of '08? 20 closet that also had file cabinets and there was 21 A. I do. 21 nothing left. 22 Q. What do you know about it? 22 Q. So you don't know what was missing? 23 MR. FLAHERTY: Object to the 23 A. We could only surmise from what the 24 form of that question, overly broad. 24 staff people thought was there but the level and 27 (Pages 102 to 105) Page 106 Page 108 1 the importance quite honestly, no, we don't know. 1 Q. When did you find out that Rich 2 Q. But there weren't any personal 2 Rodriguez was talking to Michigan? 3 records of grades or students or anything like 3 A. The Friday afternoon when the news 4 that that were athletes, those would all be on a 4 media, I can't remember the exact outlet that 5 computer someplace, right? 5 reported on one of the web sites that he was 6 A. Again, I am told by the secretaries 6 meeting with them that afternoon in Toledo. 7 that were there -- that there were student 7 Q. That would have been December 14th? 8 athlete files; what was in those files, I do not 8 A. Yes. 9 know. 9 Q. What did you do or what did you and 10 Q. Is West Virginia University's 10 Ed Pastilong decide to do to retain the coach? 11 athletic department computerized at all? 11 A. I was not involved in any of those 12 A. Yes. 12 discussions at that point. 13 Q. And every student's academic record 13 Q. Was Pastilong? 14 is on a computer? 14 A. I'm sure he was. 15 A. Yes. 15 Q. Did the coach fly back to Morgantown 16 Q. Every student's rating in the 16 on Friday night and meet with Pastilong on 17 program, the position they play in the computer? 17 Saturday the 15th? 18 A. Yes, but what may not be in the 18 A. That's my understanding. 19 computer are things related to discipline, 19 Q. Did Pastilong relate to you what 20 commitments or future financial aid, so forth, 20 happened at that meeting? 21 maybe performance. 21 A. No. 22 Q. But sitting here today you can't tell 22 Q. Did you ever ask him? 23 the Jury of any specific thing that was shredded? 23 A. No. 24 A. Absolutely not. 24 Q. Were you curious? Page 107 Page 109 1 Q. Was any investigation done by the 1 A. Curious but, you know, it was not my 2 university? 2 role at that point to be involved with it. 3 A. At that point we turned it over to 3 Q. Okay. 4 the Department of Public Safety within the 4 Did you communicate with Rich 5 university and asked them to conduct an 5 Rodriguez when he won the Big East championship? 6 independent investigation. 6 A. Communicate in what form? 7 Q. And did they? 7 Q. Did you send him e-mail 8 A. Yes. 8 congratulations, call him? 9 Q. And what was their conclusion? 9 A. I don't recall. 10 A. I've not seen the conclusion. 10 Q. Didn't drop him a note or anything? 11 Q. Do you know if there was a 11 A. I don't recall that, no. 12 conclusion? 12 Q. The university has inner office mail, 13 A. I do not know. 13 doesn't it? 14 Q. Who is Dave Hickman? 14 A. We have e-mails, yes. 15 A. The sportswriter for the Charleston 15 Q. This past season, did you travel with 16 Gazette. 16 the team, the football team? 17 Q. Did you ever ask him who the source 17 A. I did. 18 was? 18 Q. Did Ed Pastilong travel at all? 19 A. No. 19 A. Not as much as he had in the past. We 20 VIDEOGRAPHER: Sir, your 20 have a new president and at the time I knew the 21 paperwork is laying right on top of your 21 president invited him to fly with him on most of 22 microphone. 22 the trips. 23 MR. ROBON: I'm sorry. 23 Q. In a separate plane? 24 BY MR. ROBON: 24 A. In a separate plane, and I think Ed 28 (Pages 106 to 109) Page 110 Page 112 1 was trying to establish a relationship with the 1 implied that he was going was the discussion, I 2 new president and took advantage of that. 2 can't remember the exact specifics on it, but my 3 Q. Were you aware of hostilities between 3 recollection is it was not Tony Caridi who made 4 Ed Pastilong and Craig Walker? 4 those remarks, it was his co-host that made the 5 A. No. 5 remarks. 6 Q. Who is John Antonik, A-N-T-O-N-I-K? 6 Q. Which was who? 7 A. John Antonik, (corrects 7 A. Greg Hunter. 8 pronunciation) is our web person, oversees our 8 Q. You agree with me that basketball 9 web site. 9 doesn't generate as much profit as football for 10 Q. And he's employed by MSN; correct? 10 the University of West Virginia? 11 A. He's employed by the university. 11 MR. FLAHERTY: It's West 12 Q. Which is owned by -- MSN is owned by 12 Virginia University. 13 the university? 13 MR. ROBON: West Virginia U. 14 A. Yes. 14 A. That's correct. 15 Q. Do you have any private rights in 15 BY MR. ROBON: 16 that at all? 16 Q. What would you say the percentages 17 A. No. 17 are, football is three times as much, four times 18 Q. Do you get a bonus in any fashion 18 as much? 19 from that? 19 A. I'd be guessing. 20 A. No. 20 Q. Well, give me an educated guess. 21 Q. When a sportscaster in 2006 indicated 21 A. Substantially more. 22 that Rodriguez was going to Alabama, did you hear 22 MR. ROBON: Let's go off 23 about that? 23 camera for a moment. 24 A. I mean a lot of people were 24 VIDEOGRAPHER: The time is Page 111 Page 113 1 suggesting he was going to Alabama. 1 11:18 a.m.; we are going off the record. This 2 Q. No, but it was suggested on a news -- 2 concludes tape two. 3 on a sports station that as a -- was complete, 3 * * * 4 that he had already left to go; you don't 4 (Short break taken) 5 remember that? 5 * * * 6 A. I mean there were all kinds of news 6 VIDEOGRAPHER: We are back on 7 reports at the time; I don't recall anything 7 the record. The time is 11:42 a.m. This begins 8 specific. 8 tape three. 9 Q. I think it was Tony Caridi -- 9 BY MR. ROBON: 10 MR. FLAHERTY: Caridi 10 Q. I'm going to hand you what we've 11 (corrects pronunciation). 11 marked as exhibit JJ. Are there two of them 12 MR. ROBON: Caridi,. 12 there? This appears to be from the MSN sports 13 C-A-R-I-D-I. 13 network dated January 4 of 2008, titled Fact 14 THE WITNESS: What was the 14 Versus Opinion. It's an article about Rodriguez; 15 question? 15 were you aware of this article? 16 BY MR. ROBON: 16 * * * 17 Q. I think he was the one who said 17 (Whereupon, Defense Exhibit 18 Rodriguez was going to Alabama; do you recall 18 JJ marked for purposes of identification). 19 that? 19 * * * 20 A. Can you give me a timeframe? 20 A. I don't recall it. 21 Q. It would have been '06, December I'm 21 Q. You don't recall it? 22 assuming. 22 A. No. 23 A. I recall that there was a talk show 23 Q. Well, you're in charge of MSN sports; 24 that Coach Rodriguez was rather upset with that 24 right? 29 (Pages 110 to 113) Page 114 Page 116 1 A. Yes. 1 which, you know, often is done in sports where 2 Q. Did you authorize the article? 2 people want to take statistics and numbers and 3 A. I don't follow every move that's made 3 start to analyze them. He's analyzed those and in 4 by people who actually contribute to the web site 4 my mind he's trying to dispel a comment that was 5 in particular. 5 directed at Coach Stewart. 6 Q. Doesn't this article indicate that, 6 Q. Which was? 7 it gives a different perspective of Rodriguez as 7 A. Well, there was a donor who made a 8 not being a necessarily successful coach? 8 comment about, I can't remember exactly how it 9 A. I haven't read the story so -- 9 was quoted but referred to him as a painter and 10 Q. Why don't we go off the record and 10 it wasn't very flattering. 11 I'll let you read it. 11 Q. So is that Mr. Antonik who was 12 VIDEOGRAPHER: The time is 12 employed by the university saying that Bill 13 11:44 a.m.; we're going off the record. 13 Stewart is really as good as Coach Rodriguez? 14 * * * 14 A. No, I think what he's doing is trying 15 (Brief pause) 15 to allow him to -- to set his own future and to 16 * * * 16 give him the chance to make his own reputation 17 VIDEOGRAPHER: The time is 17 and don't dispel him from the very beginning. 18 11:48 a.m.; we're back on the record. 18 Q. If Coach Stewart is successful, it's 19 BY MR. ROBON: 19 very possible that the university would suffer no 20 Q. While we were off the record, Mr. 20 damages at all; correct, by Rodriguez leaving? 21 Parsons, you had an opportunity to read Exhibit 21 A. I can't predict what the damages 22 JJ; correct? 22 could be in the future. 23 A. Yes. 23 Q. I'm saying it's very possible that 24 Q. And John Antonik is an employee of 24 there could be no damages at all if Bill Stewart Page 115 Page 117 1 West Virginia University? 1 is successful? 2 A. Yes. 2 A. I don't think you can say that 3 Q. And he reports to you as the head of 3 because obviously there's some damages have 4 the MSN sports network? 4 already been occurred on out-of-pocket expenses. 5 A. As head of the web site, yes. 5 Q. Right, but they're offset by the 6 Q. Okay. 6 savings and what you're paying in salary between 7 You never saw this article before 7 Rodriguez and Stewart? 8 today? 8 MR. FLAHERTY: You're 9 A. I don't recall seeing it, no. 9 including the $2.5 million in MAC donations? 10 Q. Do you think it's complementary or 10 MR. ROBON: Not including 11 uncomplimentary to Coach Rodriguez? 11 that. 12 A. I think it's a presentation of facts 12 MR. FLAHERTY: Well, then 13 as John saw them. 13 you've got to include that. 14 Q. It's not very positive from Coach 14 MR. ROBON: We're excluding 15 Rodriguez's perspective, is it? 15 that because that goes to the Foundation, not to 16 A. I think the -- my perspective of it 16 damages to the university. 17 is he's presenting facts and more or less trying 17 THE WITNESS: No, that's not 18 to dispel a comment made and directed towards 18 correct though. Even then the money is housed in 19 Coach Stewart. 19 the Foundation, it's still money that the 20 Q. Well, isn't he saying that Coach 20 university is spending to offset some of the 21 Rodriguez maybe isn't as successful as everybody 21 facility requirements -- or the facility upgrades 22 portrayed him? 22 that we've done. 23 A. I don't think he's saying that at 23 BY MR. ROBON: 24 all. I think what he's presenting is facts, 24 Q. My question to you is take out the 30 (Pages 114 to 117) Page 118 Page 120 1 MAC contributions from Ken Kendrick; if Bill 1 * * * 2 Stewart is successful it's very possible maybe 2 (Brief pause) 3 even probable that the university will not 3 * * * 4 sustain any monetary damages? 4 VIDEOGRAPHER: The time is 5 A. I disagree because you still have 5 11:56 a.m.; we are back on the record. 6 money already spent for the transition -- 6 BY MR. ROBON: 7 Q. I understand that. 7 Q. You've had an opportunity, Mr. 8 A. -- from that side of it all. 8 Parsons, to read Exhibit KK. It quotes from U. S. 9 Q. But that's offset, is it not, by the 9 Senator Jay Rockefeller from West Virginia on the 10 six or seven or $800,000 being saved in the 10 Friday of January 11, 2008; do you agree with the 11 coaches disparity in salary? 11 statements Mr. Rockefeller has said about Coach 12 A. No, again, I haven't analyzed the 12 Rodriguez? 13 exact dollar figures but not necessarily because 13 A. Which specific statement? 14 we do have additional costs related to the 14 Q. Well, any of the statements, he says 15 assistant coaches and other staff people. 15 don't get me started, you can't desert your team, 16 Q. But you would agree with me that two 16 don't even go to the bowl game, it's amoral to 17 years from now if we're in court, or a year from 17 leave; do you believe any of those? 18 now if we are in court you may never have an 18 A. I think Coach Rodriguez has to make 19 exact figure? 19 the decision whether he wants to leave or not. As 20 A. When you look at -- when you throw in 20 far as coaching the bowl game, frankly, if he was 21 -- 21 already going to leave I think the best decision 22 Q. You can answer yes or no. 22 was not to coach the bowl game. 23 MR. FLAHERTY: You can answer 23 Q. And that's the decision he made; 24 any way you want. 24 correct? Page 119 Page 121 1 A. When you look at the potential other 1 A. And that was the decision he made 2 damages whether it be the APR, whether it be a 2 because it would have been very disruptive for 3 public-relations, recruiting standpoint, we can't 3 the preparation of the team and the ultimate 4 perceive what will happen. That's why a number 4 objective is to win the game. 5 was figured out from the very beginning because 5 Q. Do you think he's amoral? 6 we can't determine in the future what those 6 A. I'm not sure in what form he's 7 damages could be. 7 actually -- what the definition of that actually 8 MR. ROBON: Let's go off the 8 is in this context. 9 record. 9 Q. Well, he says but amoral behavior 10 BY MR. ROBON: 10 when you dump your team and take off leaving for 11 Q. I'm going to hand you what's been 11 another job. 12 marked as exhibit KK; did you see this article in 12 A. Well, I think it's very difficult 13 the Charleston Daily Mail on January 11, 2008? 13 particularly in sports for fans to accept a coach 14 * * * 14 to leave one job and go to another particularly 15 (Whereupon, Defense Exhibit 15 when a commitment has been made to the program 16 KK marked for purposes of identification). 16 and to the coach. 17 * * * 17 Q. Well, my question is; do you agree or 18 A. I don't recall. 18 disagree with the comments of Jay Rockefeller? 19 Q. Do you want to take -- go off record 19 MR. FLAHERTY: Or do you have 20 and take a minute to read it? 20 an opinion? 21 A. Sure. 21 MR. ROBON: Or do you have an 22 Q. Go ahead. 22 opinion? 23 VIDEOGRAPHER: The time is 23 THE WITNESS: I don't have an 24 11:54 a.m.; we're going off the record. 24 opinion. 31 (Pages 118 to 121) Page 122 Page 124 1 BY MR. ROBON: 1 fact that if the liquidated damages does decline 2 Q. Okay. 2 during that period, the thought process is that 3 Is it true that a lot of the fans 3 the university has had an opportunity to benefit 4 felt this way in your opinion? 4 from the services while he was here. 5 A. I think a lot of fans felt betrayed, 5 Q. What about spurring the coach on to 6 absolutely. 6 be more successful, does the liquidated damages, 7 Q. Did you feel betrayed? 7 doesn't it do that? 8 A. I'm not sure betrayed is the right 8 A. I'm not sure of the relevance -- 9 word, I mean being in the profession I know these 9 Q. Well, doesn't it force him to perform 10 things happen, I know coaches leave, I know that 10 because he can't leave without incurring a huge 11 West Virginia University had made during his 11 payment? 12 tenure significant contributions to build the 12 A. I mean the expectation is for a coach 13 program during that time period. 13 to perform regardless. 14 Q. And he helped the program; didn't he? 14 Q. Were you involved in the coach's term 15 A. Yes, he did. 15 sheet back in December of '06? 16 Q. And he brought it to a new level? 16 A. I helped prepare it, yes. 17 A. I think he continued the tradition 17 Q. Mr. Farmer testified yesterday that 18 that we had developed under Coach Nehlen and 18 he was a facilitator between the coach and Ed 19 helped build the program up to a higher level, 19 Pastilong; is he taking undeserved credit? 20 yes. 20 A. I'm not sure what role if any he 21 Q. Okay. 21 played in that. 22 And now that he's left you're asking 22 Q. Tell me what you know about his role 23 him to pay for that; correct, by this lawsuit? 23 in that? 24 MR. FLAHERTY: Object to the 24 A. I know nothing about his role in Page 123 Page 125 1 form of the question. 1 that. 2 A. The liquidated damages were -- what 2 Q. What role did you play? 3 we're actually asking him to do is to adhere to 3 A. When the opportunity for Coach 4 the contract to pay the liquidated damages, which 4 Rodriguez to leave and go to Alabama was there, 5 was agreed to. 5 there were efforts made to persuade him to stay 6 Q. But from your perspective the greater 6 at West Virginia. I was that the president's 7 the success of a coach, the greater the amount of 7 house, President Hardesty was present, Steve 8 the liquidated damages -- 8 Goodwin was present, Jennifer Fisher was present 9 MR. FLAHERTY: Is that a 9 and myself and Ed Pastilong, which various 10 question? 10 discussions were taking place. Ed was the only 11 Q. -- do you agree with that? 11 one speaking with the coach at the time and there 12 MR. FLAHERTY: Is that a 12 were just various discussions taking place during 13 question? 13 that day and they were all taking place at the 14 MR. ROBON: Yes. 14 president's house. That's when the final term 15 MR. FLAHERTY: No, it's a 15 sheet was prepared. 16 statement. 16 Q. And was Steve Farmer there? 17 BY MR. ROBON: 17 A. No. 18 Q. Do you agree with that statement? 18 Q. He wasn't even there? 19 A. Ask it again, please. 19 A. No. 20 Q. The greater the success of the coach 20 Q. Who came up with the $4 million 21 to protect the university, the amount of 21 figure in December of '07? 22 liquidated damages would have to increase as the 22 MR. FLAHERTY: December of 23 coach successes increase? 23 '07? 24 A. We talked about this before and the 24 MR. ROBON: I'm sorry, '06. 32 (Pages 122 to 125) Page 126 Page 128 1 THE WITNESS: I'm not sure. 1 prepared the term sheet? 2 BY MR. ROBON: 2 A. Representing Coach Rodriguez? 3 Q. If Steve Farmer said it was him, 3 Q. Yes. 4 would you think that would be accurate? 4 A. No. 5 A. I don't know because I'm not sure 5 Q. Did you know that Mike Brown was his 6 what his involvement was at that point. 6 agent? 7 Q. Tell me how Whit Babcock was 7 A. Yes. 8 involved? 8 Q. Did you communicate with Mike Brown 9 A. I think Whit was involved in trying 9 prior to December of '06? 10 to facilitate interest from outside donors and 10 A. No. 11 their desire for him to stay, Coach Rodriguez to 11 Q. Never had talked to him? 12 stay and for their willingness to make financial 12 A. I never met the man. 13 contributions to support the increase in salary 13 Q. Never talked to him since? 14 and the desire for other facilities. 14 A. Never met the man; never spoke with 15 Q. And what was Whit's title? 15 him. 16 A. Assistant Athletic Director. 16 Q. Okay. 17 Q. Okay. 17 Have you talked with any attorney 18 And then he left; when did he leave 18 representing Rich Rodriguez? 19 to go to Missouri? 19 A. No. 20 A. Sometime in 2007, I can't remember. 20 Q. Have you written to any attorney -- 21 Q. Did he leave voluntarily? 21 A. Let me -- can I go back to that 22 A. Yes. 22 statement? 23 Q. Promotion for him? 23 Q. Sure. 24 A. Yes, a new opportunity. 24 A. During that time frame I had not Page 127 Page 129 1 Q. So tell us your role with regard to 1 spoken -- 2 the term sheet with Coach Rodriguez in December 2 Q. Right, during that time frame. 3 of '06; did you write it out? 3 A. But from an earlier period of time 4 A. I participated in the conversations 4 during his early years he had an attorney 5 that were taking place that day and literally 5 representing him then, I did have discussions 6 typed up the term sheet. 6 with them. 7 Q. Okay. 7 Q. That was a lawyer from Boston? 8 Was there a lawyer there representing 8 A. No, it was a lawyer from Florida, I 9 Rodriguez? 9 believe. 10 A. No. 10 Q. Florida, okay. 11 Q. Was his agent, Mike Brown, there? 11 That would have been like in '03, 12 A. No, not at the president's house. 12 '04? 13 Q. And this is where the term sheet was 13 A. Even maybe -- his first year or two. 14 signed? 14 Q. So in 2000 or 2001? 15 A. Yes, no, not where it was signed, 15 A. Uh-huh (yes). 16 where was prepared. 16 Q. Your answer is yes? 17 Q. Where it was prepared; where was it 17 A. Yes. 18 signed? 18 Q. The discussions that took place at 19 A. I'm not sure. 19 the president's house with regard to the $4 20 Q. Did Ed Pastilong take it to the coach 20 million buyout were with whom? 21 to get it signed? 21 MR. FLAHERTY: Are you 22 A. Yes. 22 talking about the December '06 discussions? 23 Q. Did you have any communications with 23 MR. ROBON: December, when 24 either an attorney or agent, Mike Brown, when you 24 you did the term sheet. 33 (Pages 126 to 129) Page 130 Page 132 1 THE WITNESS: I don't know 1 million dollars a year and be subject to a 4 2 the answer to that. 2 million-dollar buyout? 3 BY MR. ROBON: 3 A. Are you asking if there's a 4 Q. How did you get the 4 million-dollar 4 preconceived formula we're operating under, no, 5 number put in there? 5 but obviously I think you'd look at the 6 A. I was instructed by Ed Pastilong to 6 compensation as relative to that part of it as 7 -- that that was the number agreed upon. 7 well. 8 Q. I see. 8 Q. And what would be the annual salary, 9 Did you when you looked at this 4 9 let's say his annual salary is as a coach $1.5 10 million-dollar buyout look at other schools 10 million; what would be the liquidated damages 11 within the conference and what their highest 11 provision? 12 buyout number was? 12 A. Again, that's up to the school to 13 A. No. 13 determine what their potential damages could be. 14 Q. Did you check with Louisville? 14 Q. And what would you say for, let's say 15 A. No. 15 Bill Stewart was paid $1.5 million; what would 16 Q. Would you disagree that, I think it's 16 you expect the liquidated damages provision to 17 Craig Thorpe's buyout is $2 million? 17 be? 18 A. I don't recall what it is. 18 MR. FLAHERTY: Object to the 19 Q. That Rutgers University with Schiano, 19 form. 20 $1 million? 20 A. It could potentially be as high as 21 A. I don't recall. 21 what we've determined from our other spreadsheet. 22 Q. Maryland, one million? 22 Q. 4 million? 23 MR. FLAHERTY: Maryland is 23 A. Yes, or higher. I mean if you look at 24 not in the conference. 24 the potential damages that could occur during Page 131 Page 133 1 BY MR. ROBON: 1 year one and year two and three. 2 Q. Is Connecticut in your conference? 2 Q. Do you know if Rodriguez said back in 3 A. Yes. 3 December of '06 he thought the 4 million-dollar 4 Q. $750,000, Edsall, you never checked 4 figure was unfair? 5 any of those? 5 A. I do not know that. I know that he 6 A. Not at that time. 6 signed the term sheet. 7 Q. Have you checked them since? 7 Q. And you agree with me that in his 8 A. We keep -- we maintain a spreadsheet 8 contract addendum the liquidated damage provision 9 of the facts from the various conferences. 9 is declining; correct? 10 Q. So you have that information now? 10 A. Yes. 11 A. Yes. 11 Q. Did you hear that either Bob Reynolds 12 Q. And is the 4 million-dollars the 12 or Ken Kendrick suggested the 4 million-dollar 13 highest in your conference? 13 buyout? 14 A. I believe it is. 14 A. I did not hear that. 15 Q. Tell us why you maintain this 15 Q. Anyone tell you that? 16 spreadsheet now? 16 A. No. 17 A. Informational purposes. 17 Q. Were the terms of the buyout supposed 18 Q. For future coaches? 18 to be confidential, the term sheet? 19 A. Or current coaches in renegotiations. 19 A. There was a confidential clause in 20 Q. Is their relationship, Mr. Parsons, 20 there that would permit the information to be 21 between the salary that a coach is being paid and 21 released by the university. There was no way it 22 the amount of his liquidated damages a formula? 22 was going to be confidential in the fact that 23 A. No. 23 it's a public document. 24 Q. So a coach might make a half a 24 Q. All right. 34 (Pages 130 to 133) Page 134 Page 136 1 But who released that information? 1 Q. Between Rodriguez and Garrison? 2 A. What information? 2 A. Between people involved in both 3 Q. The information on the term sheet 3 parties. 4 back in December of '06. 4 Q. Were you in agreement or disagreement 5 A. I don't recall that there was any 5 with a cultural change at the university in the 6 release on it. 6 athletic department? 7 Q. Well, it became public knowledge. 7 A. I'm not sure what the intent was 8 A. As I understand it, yes. 8 actually meant by that. 9 Q. So you don't know how that happened? 9 Q. Did you ever ask Craig Walker or 10 A. I have no idea. There were a number 10 President Garrison? 11 of people that were obviously involved in the 11 A. No. 12 discussions going on and it could've come from 12 Q. Did you ever ask Ed Pastilong? 13 any particular source. 13 A. No. 14 Q. Do you know why there was a delay of 14 Q. Did you see that Craig Walker and 15 eight months from December of '06 until August of 15 Michael Garrison taking more control in the 16 '07 in not having a contract addendum with Coach 16 athletic department in negotiating contracts, for 17 Rodriguez? 17 example? 18 A. I know that Tom Dorer, who was the 18 A. Yes. 19 general counsel for the university at the time 19 Q. Did that surprise you? 20 tried on numerous occasions to bring it to 20 A. No, it didn't surprise me. Every 21 completion, the reason that we were using to -- 21 administration has a different way that they want 22 to answer questions to the media was the fact 22 to deal with things. 23 that there were still discussion relative to 23 Q. Did you hear that Michael Garrison 24 changing how it was structured to provide a tax 24 said I don't believe in buyouts, if someone does Page 135 Page 137 1 advantage for Coach Rodriguez. 1 not want to be here we shouldn't keep them from 2 Q. For deferred compensation? 2 leaving? 3 A. Yes, and it could be other items. I'm 3 A. Did I hear that from President 4 not a tax attorney but -- 4 Garrison? 5 Q. Did you believe that? 5 Q. Yes. 6 A. Yes, I did. 6 A. No. 7 Q. Did you believe that was the only 7 Q. Do you believe he would make such a 8 item holding up the contract? 8 statement? 9 A. At the time, yes. 9 A. I have no opinion on that. 10 Q. Did you find out subsequent thereto 10 Q. Did you hear him say that, heck, if 11 that it was the 4 million-dollar liquidated 11 someone left the lawyers would get together and 12 damage provision? 12 split the difference? 13 A. No, I did not know, I mean 13 A. I've never heard him say that. 14 subsequently in recent times, yes. 14 Q. Have you heard accusations that he 15 Q. And how did you find out? 15 said that? 16 A. I don't recall. 16 A. No. 17 Q. Did you ever hear of the word a 17 Q. Is this the first time you heard that 18 cultural change in the athletic department at 18 today? 19 West Virginia? 19 A. No, I've heard it in some of the news 20 A. Not until news accounts. 20 accounts. 21 Q. And what can you tell me about the 21 Q. Do you think it's true or false? 22 news accounts? 22 A. I can't imagine him saying that. 23 A. Just obviously they came from e-mails 23 Q. Tell me what research Russ Sharpe did 24 that were exchanged. 24 in preparing Exhibit BB? 35 (Pages 134 to 137) Page 138 Page 140 1 A. Well, again, it's not -- it's not 1 Q. And in preparing Exhibit BB you 2 that complicated. I mean we go back and look at 2 didn't go to any other school, Division I, and 3 our ticket revenues, we look at -- determine what 3 look at any numbers that any other school would 4 some of the numbers were and calculate the 4 have incurred as real damages? 5 numbers. 5 A. That's correct, what we determined is 6 Q. Well, did he go outside the bounds of 6 we identified what our potential damages could be 7 West Virginia University athletic department? 7 at West Virginia University. 8 A. Not that I'm aware of. He's very 8 Q. So if someone else did a spreadsheet 9 knowledgeable. 9 at another Division I school instead of having 18 10 Q. So he didn't talk to other conference 10 items on the list like you do, they might have 11 schools, other schools where -- 11 20, or they may have only 10? 12 A. Not that I'm aware of. 12 A. Could be. 13 Q. -- coaches left? You didn't either, 13 Q. You don't know? 14 correct? 14 A. I don't know. 15 A. Correct. 15 Q. You've never seen another one? 16 Q. Have you looked at or spoken with any 16 A. I have not, never seen another one. 17 other Division I schools where a head football or 17 Q. And have you ever talked to anybody 18 basketball coach has left and asked about the 18 that has ever done a spreadsheet other than Russ 19 damages? 19 Sharpe on potential damages? 20 A. I mean obviously I researched to find 20 A. Well, I mean we had discussions with 21 out what their contracts say, yes. 21 our general counsel at the time about preparing 22 Q. I mean you just looked for the 22 it to form and whether he's seen other term 23 contract penalty or the liquidated damage amount, 23 sheets and other preparation -- or not term 24 my question is; in preparing Exhibit BB did you 24 sheets but spreadsheets, he may have, I don't Page 139 Page 141 1 speak with any athletic director or assistant or 1 know. 2 deputy or anybody at another university, Division 2 Q. When you met with Mr. Dorer, did he 3 I school, where a coach had actually left to see 3 give you numbers? 4 what their real damages were? 4 MR. WAKEFIELD: Objection to 5 A. No. 5 any conversation and information exchanged 6 Q. And you haven't been to any seminars 6 between Mr. Dorer and Mr. Parsons. 7 or conferences that dealt with that subject as 7 BY MR. ROBON: 8 part of the athletic department education? 8 Q. Was -- 9 A. No. 9 MR. MCGINLEY: Wait, wait a 10 Q. And in putting together the 10 second, I mean are you saying if Tom Dorer 11 spreadsheet, Exhibit BB, all the damage numbers 11 contributed to this spreadsheet that that's and 12 that you've used are potential; correct, they're 12 the numbers in the spreadsheet, are you asserting 13 not necessarily real? 13 privilege? 14 A. We thought what they could 14 MR. WAKEFIELD: Sure, I mean 15 potentially be; they can also be potentially much 15 they may reflect impressions that he had, 16 higher. 16 analyses that he's done, we don't know. We're not 17 Q. Yes, but they're not real damages as 17 going to let him disclose any of his 18 of today? 18 communications between Mr. Dorer and Mr. Parsons. 19 A. Some are. 19 MR. ROBON: Well, if it 20 Q. The ones you listed about the moving 20 relates to damages he has to disclose it. 21 expenses -- 21 Otherwise, you're going to be barred from 22 A. Yes. 22 bringing it up at trial. 23 Q. And paying the coaches more money? 23 MR. WAKEFIELD: That's not 24 A. Yes. 24 true. 36 (Pages 138 to 141) Page 142 Page 144 1 MR. ROBON: It's not work 1 A. I'm not sure of that. 2 product; damages are not work product. 2 Q. Have you ever talked to him in the 3 MR. WAKEFIELD: We're not 3 last year? 4 saying damages are work product. We're talking 4 A. No. 5 about communications in terms of analysis, advice 5 Q. Who would be the principal contact 6 that may have been given by and between them on a 6 with him from the university? 7 liquidated damages provision. 7 A. I can't speak from the university's 8 BY MR. ROBON: 8 standpoint other than I would assume that Wayne 9 Q. Well, the 18 items listed on Exhibit 9 King would be a primary contact for the 10 BB, who came up with those items? 10 Foundation, from the athletic department's 11 A. The majority came from me with 11 standpoint it would have been Larry Aschebrook at 12 consultation with Russ Sharpe. 12 the time. 13 Q. Did any come from Mr. Dorer? 13 Q. And are there any reports or anything 14 A. I don't recall. 14 that you have from Aschebrook relating the 15 Q. When you mentioned that Ken Kendrick 15 conversations with Ken Kendrick? 16 withdrew his $2.5 million pledge, have you ever 16 A. Again, I seem to recall a letter 17 actually seen the pledge? 17 where he withdrew his contribution. 18 A. Yes. 18 Q. Well, if that came in wouldn't 19 Q. Can we get a copy of that? 19 someone from the Foundation or the university 20 MR. FLAHERTY: You can make a 20 call him and ask for a meeting? 21 request. 21 A. I think those meetings took place 22 MR. FITZSIMMONS: I believe 22 before the letter arrived. 23 it's been produced already. I believe it already 23 Q. And the meeting's with whom? 24 has. 24 A. I know that Larry Aschebrook had Page 143 Page 145 1 MR. MCGINLEY: I don't think 1 several conversations with him, whether other 2 so. 2 people within the university were involved, I 3 BY MR. ROBON: 3 don't know. 4 Q. Do you have any documentation that 4 Q. Do you think he withdrew the pledge 5 shows Mr. Kendrick withdrawing it? 5 because he felt was being treated unfairly by the 6 A. I believe it does exist. 6 university? 7 Q. A letter? 7 A. I don't know why he withdrew the -- 8 A. I believe so. 8 Q. If that's why he withdrew it, do you 9 Q. And is the letter self-explanatory? 9 think it's an element of damage? 10 A. My recollection of that is not great. 10 A. Absolutely, we counted on that money 11 Q. At what? 11 to support the construction, which was going to 12 A. It's not great; my recollection of 12 take place in the Puskar Center and also to help 13 what was the content of that letter. 13 offset the additional costs of salary. 14 Q. Could he have had financial setbacks 14 Q. Did that construction take place? 15 and just decided not to give money? 15 A. Yes, it did. 16 A. The pledge agreement gives him the 16 Q. And has it been paid for? 17 opportunity to withdraw it if Coach Rodriguez is 17 A. His $2.5 million has been absorbed by 18 not the coach. 18 other ways within the athletic department. 19 Q. Okay. 19 Q. Right. 20 Does it give him the right to 20 It's been absorbed by other 21 withdraw it in other events? 21 donations, has it not? 22 A. I don't believe so. 22 A. Not necessarily, no. 23 Q. Isn't it true that he donated more 23 Q. Well, what do you mean not 24 than $1 million to the university in 2007? 24 necessarily; what fraction has been absorbed by 37 (Pages 142 to 145) Page 146 Page 148 1 donations and what fraction has been absorbed in 1 A. That was the discussions we had 2 another manner? 2 within the -- with Russ and myself that we felt 3 A. I don't know the answer to that. I 3 was a fair and modest assumption of what ticket 4 know Russ Sharpe would have the best handle on 4 sales could decrease in the future. 5 that. 5 Q. But it could be 15 percent or two 6 Q. What is your best estimate of 6 percent, right? 7 replacement donations for the $2.5 million? 7 A. It could be. 8 A. My best guesstimate at this point is 8 Q. So -- 9 that it's been absorbed within the operation 9 A. But in year one it could be one 10 department -- operation budget of the department, 10 percentage, in year two it could be another 11 not necessarily by additional new contributions. 11 percentage. 12 Q. But you don't know for sure? 12 Q. So it's not a fixed number; correct? 13 A. Russ Sharpe could give you a more 13 A. There is the $10 million it was based 14 final answer to that. 14 upon because ticket prices go up over a time 15 Q. If the Foundation said donations are 15 period. Again, this was something that was 16 up substantially since Rodriguez left; wouldn't 16 prepared as a document that we thought was fair 17 that be a substitute for the 2.5 million? 17 and reasonable of what potential damages 18 A. I don't know that to be true. 18 potentially could be in the future. 19 Q. Well, it's in the news media. 19 Q. But not necessarily real damages? 20 A. Yeah, and I don't know that to be 20 A. What they potentially could be 21 true. 21 because it was impossible to determine what the 22 Q. How would you find out? 22 actual damages could be in the future. 23 A. We look at our Foundation reports. 23 Q. Right. 24 Q. And does the university get 24 But this 10 percent might be accurate Page 147 Page 149 1 Foundation reports? 1 but there's a 90 percent chance it might not be; 2 A. Yes. 2 correct? 3 Q. How frequently? 3 MR. FLAHERTY: Object to the 4 A. I believe monthly. 4 form. 5 Q. So if we make a request we can get 5 A. It was we felt a fair and modest 6 the Foundation reports showing what has been paid 6 number. We also looked at what our growth was 7 in the last year, yes? 7 over the past several years of ticket increases 8 A. I don't know the answer to that. The 8 with success to help determine what a percentage 9 Foundation is a private entity so I'm not sure, I 9 could be. 10 can't give you judgment on that part. 10 Q. Did you go outside of the university 11 Q. But you're saying the university has 11 and ask any other Division I schools after they 12 access to it? 12 lost a coach what their ticket revenue was 13 A. Yes. 13 reduced by? 14 Q. So if you have access to it you could 14 A. No. 15 give it to us? 15 Q. So is it fair to say that this 10 16 A. I'll refer the lawyers to that part 16 percent was simply a guess? 17 of it. 17 A. I think it was a very educated 18 Q. Okay. 18 analysis with coming up with a fair number. 19 Look at Exhibit BB again, in item one 19 Q. Would it be a guess? 20 it says potential loss of football season, a 20 A. I would not phrase it that way. 21 single game revenue and you wrote 10 percent; -- 21 Q. Tell me what went through your mind 22 A. Uh-huh (yes). 22 in putting a 10 percent number on it, give me the 23 Q. Where did that 10 percent number 23 analysis if it's not a guess. 24 originate from? 24 A. First of all we looked at what our 38 (Pages 146 to 149) Page 150 Page 152 1 tickets sales numbers and our increases were over 1 Mountaineer Athletic Club piece that's itemized 2 the past five years or so. We looked at what they 2 here in two is related just to the support that 3 had been after successes. 3 was requested through the documents in December 4 Q. And what were they? 4 '06. 5 A. I don't have them here with me, but 5 Q. I still don't understand why they 6 we used that as somewhat of a base. 6 used 10 percent and not nine percent or eight 7 Q. So you're assuming if ticket sales 7 percent or 11 percent, or 12 percent or one 8 went up, let's say six percent every year for the 8 percent or 20 percent; just a guess, right? 9 last five years, in 2008 they would go up another 9 A. It was an educated assumption. 10 five percent; correct? 10 Q. Assumption, okay. 11 A. No, we were looking at this part of 11 Now, we talked about the -- and so 12 what they could decrease -- 12 far this assumption on the decrease in ticket 13 Q. No, what I'm saying in your analysis 13 prices has not been based upon any actual 14 you made an assumption since ticket sales had 14 reduction in sales of ticket prices; correct? 15 increased that they would also increase in 2008? 15 A. I cannot answer that today. 16 A. Well, that's certainly the hope. 16 Q. Because you don't know? 17 Q. Right. 17 A. Because our season ticket sales are 18 So you made an assumption that there 18 not complete. 19 would be an increase and then you subtracted a 19 Q. Right. 20 decrease from it; is that what you did? 20 A. But also you need to look at it over 21 A. Not necessarily, no. 21 a multi-year basis, while we may have success 22 Q. Well, tell me what you -- 22 this year doesn't mean we won't have the success 23 A. We looked at the -- what the ticket 23 in the second year. 24 sales were in '06, not looking at any increase or 24 Q. And again, if it's in the second year Page 151 Page 153 1 decreases in the future, we just based it off the 1 you don't know if it's because Coach Stewart 2 ticket sales in '06. 2 might leave or other reasons, the economy; 3 Q. Well, you said you looked at the past 3 correct? 4 several years? 4 A. I'm not sure where -- what Coach 5 A. We looked back on what our growth 5 Stewart's leaving or staying would have anything 6 was, we're also to a point -- we're almost to the 6 to do with, we're looking at potential damages of 7 point of where we can't go any further. 7 not having an experienced proven coach in place. 8 Q. I mean the stadium's full? 8 Q. You don't believe that Bill Stewart's 9 A. Exactly. 9 an experienced proven coach? 10 Q. So the only thing you do is raise 10 A. He does not have the successful track 11 prices? 11 record that Coach Rodriguez had in place over the 12 A. Yes. 12 last three or four years. 13 Q. Or have seat charges, so much 13 Q. Well, then -- 14 donations if you want to set between certain yard 14 A. Although we have great faith in the 15 lines; right? 15 experience that he does bring to the table. 16 A. Yes. 16 Q. Why didn't West Virginia hire a 17 Q. Have you done that yet? 17 seasoned experienced coach with a winning record? 18 A. We've done that for years. 18 A. We felt that Bill Stewart was the 19 Q. And how much revenue is generated 19 best fit for West Virginia University. 20 from that? 20 Q. So isn't it true that your choosing 21 A. It's a bulk of our revenue that goes 21 of a replacement could have a significant impact 22 into the Mountaineer Athletic Club and frankly we 22 on ticket sales? 23 didn't even factor that into this equation with 23 A. Sure. 24 the loss of potential revenue there. The 24 Q. And if you picked the wrong 39 (Pages 150 to 153) Page 154 Page 156 1 replacement it could have an adverse impact, 1 Q. And that's dependent upon the 2 right? 2 athletic program and the coach, the players and 3 A. If they're not successful. 3 how they unite as a team; correct? 4 Q. Right. 4 A. And the record of the team. 5 And you expect Rodriguez to pay for 5 Q. Right. 6 your mistake in choosing a coach? 6 It's not dependent upon any one 7 MR. FLAHERTY: Object to the 7 individual? 8 form of the question. 8 A. The coach is leading the team and 9 A. What we're asking is damages that we 9 setting the tone for the success of the team. 10 projected could happen with Rodriguez leaving. 10 They're the one calling the plays, making the 11 Q. But you hope that ticket sales remain 11 decisions on player personnel. 12 the same or get better, right? 12 Q. Well, West Virginia won the Fiesta 13 A. Yes, we also hoped that we didn't 13 Bowl and my understanding is that Calvin McGhee 14 have a change in the coaching staffs at the time. 14 orchestrated the win with his offense; do you 15 Q. But Bill Stewart -- was Bill Stewart 15 agree that's true? 16 foisted upon you by the governor? 16 MR. FLAHERTY: Object to the 17 A. No. 17 form, that Calvin McGhee single-handedly won the 18 Q. You so used this 10 percent figure in 18 game; is that your question? 19 items three and four, lots of concession 19 MR. ROBON: No, with his 20 merchandise and sponsorship; did you use that 10 20 selection of the offensive plays. 21 percent as an assumption not based upon any facts 21 MR. FLAHERTY: But your 22 that -- or any investigation of other school's 22 question was that Calvin McGhee won the game. 23 loss of revenue? 23 MR. ROBON: Uh-huh (yes). 24 A. Again, I will call it an educated 24 MR. FLAHERTY: Object to the Page 155 Page 157 1 assumption. 1 form, I don't think that Calvin McGhee threw a 2 Q. The same as the ticket assumption? 2 pass, made a tackle or ran the ball one time. 3 A. Yes. 3 MR. ROBON: You can answer. 4 Q. And you say potential loss of bowl 4 THE WITNESS: Calvin McGhee 5 appearance revenue, 1.6 million; how many bowl 5 called the plays. 6 appearances as West Virginia had in the last 10 6 BY MR. ROBON: 7 years? 7 Q. Do you believe it was him or Bill 8 A. I would say seven or eight. 8 Stewart that should get credit for that win? 9 Q. In the last 10 years? 9 A. I think it's the student athletes on 10 A. Uh-huh (yes). 10 the field that ultimately are the people that are 11 Q. Yes? 11 carrying out the plays. 12 A. Yes. 12 Q. I agree with you wholeheartedly. 13 Q. And is there a varying degree of 13 So no one person can necessarily make 14 payment depending on which bowl it is? 14 a team win or lose? 15 A. Yes. 15 A. No, but everyone still is under the 16 Q. And most Division I schools in the 16 direction of the head coach. The head coach is 17 Big East, if they have a winning record gets 17 making the final decision on plays, the head 18 selected a bowl game, don't they? 18 coach is determining what players are on the 19 A. In most schools in the Big East, if 19 field, what players are recruited, what the 20 they have -- 20 preparation plan is like, it is -- still falls 21 Q. A winning record? 21 under the direction of the head coach. 22 A. -- finish in the top five of the 22 Q. So you're saying you live or die with 23 conference will have an opportunity to go to a 23 the head coach, not with the assistants, not with 24 bowl game. 24 the players, not with the officials? 40 (Pages 154 to 157) Page 158 Page 160 1 A. I said it starts with the head coach. 1 university or before, why is there an additional 2 Q. It starts. 2 charge for changing of the method you're videoing 3 So what percentage of wins would you 3 or whatever you're doing; why is that Rodriguez's 4 say that a coach is responsible for, what 4 responsibility? 5 percentage is responsible for the players, what 5 A. We had to replace the position that 6 percentage is responsible for the officiating and 6 the position left and went to Michigan in some 7 what percentage is luck? 7 capacity. 8 A. I can't answer that question. I know 8 Q. Right. 9 that the coach is the one that gets the credit 9 But you said there was changes in the 10 for it. 10 way things were done and you were charging a fee 11 Q. But you and I both know that the 11 for that -- 12 coach is not the only person who deserves the 12 MR. WAKEFIELD: Objection, 13 credit? 13 this case is about liquidated damages. We're not 14 A. That's true, but it all starts with 14 charging actual damage. 15 the direction that the coach sets forth. 15 MR. ROBON: In his chart he 16 Q. Now isn't it true that some teams 16 was charging it, in Exhibit BB. 17 even have a winning record if they have a poor 17 THE WITNESS: The change in 18 coach? 18 personnel required us to make changes, just like 19 A. I guess that could be some people's 19 when Coach Rodriguez was hired we maintain his 20 opinion. 20 per their request, when one video coordinator 21 Q. You mentioned there were 12 21 leaves and another one comes in and as part of 22 relocation payments for coaches; can you tell me 22 the overall direction of the head coach, changes 23 who was relocated? 23 are requested to be made. 24 A. Well, the assistant football coaches 24 BY MR. ROBON: Page 159 Page 161 1 that were hired to replace those who had 1 Q. Did you buy new video machines? 2 departed. 2 A. No. 3 Q. And what are their names? 3 Q. What did you buy? 4 A. Could I get that to you? I may have 4 A. We're remodeling or refurbishing the 5 trouble -- difficulty getting each name for you, 5 video room itself. 6 the video coordinator. 6 Q. So you're upgrading it? 7 Q. Explain why we should be paying for a 7 A. We are changing it to work under the 8 video coordinator when you terminated or moved 8 system that this staff wants to work under. 9 Dusty Rutledge. I don't understand that? 9 Q. Is it an upgrade? 10 MR. FLAHERTY: Object to the 10 A. I believe it to be. 11 form, it's already been testified to that he 11 Q. So would it be like putting a new 12 wasn't terminated. 12 seat in the football stadium as opposed to an old 13 BY MR. ROBON: 13 seat? 14 Q. Tell me why Rodriguez should be 14 A. It is making the video room 15 charged with that? 15 productive to the way this coach wants to run it. 16 A. Dusty Rutledge resigned and went to 16 Q. Did you try and find a coach that 17 Michigan; he was not terminated by West Virginia 17 could use the existing video facilities? 18 University. 18 A. The head coach? 19 Q. He was removed as the video 19 Q. No, no, the -- 20 consultant; correct? 20 A. The decision was made based upon what 21 A. He was reassigned to the Coliseum; he 21 the head coach -- 22 still had a position at the university. 22 Q. Bill Stewart made that decision, 23 Q. Right. 23 you're saying? 24 But why did you -- after he left the 24 A. Bill Stewart hired the video 41 (Pages 158 to 161) Page 162 Page 164 1 coordinator and Bill Stewart is setting the tone 1 didn't have to make that change, right? 2 for the program including the video program. 2 A. It was never discussed. 3 Q. So Bill Stewart didn't like what 3 Q. So you didn't have to do it; correct? 4 Coach Rodriguez had? 4 Yes or no? 5 A. I think they found it to be not as 5 A. We know that going into a program 6 effective as it could be, not as efficient as it 6 you're going to have potential changes. 7 could be. 7 Q. You're not answering my question. 8 Q. So it's for the betterment of the 8 MR. FLAHERTY: Yes, he is. 9 university that this money was spent? 9 BY MR. ROBON: 10 A. But we may not be making that change 10 Q. When you hired Coach Stewart did he 11 at all had we not had a departure in the coaching 11 say to you as a condition of my coming to stay, 12 staff. 12 staying at West Virginia University I want the 13 Q. No, but you're telling me that Coach 13 video room changed, yes or no? 14 Stewart says this is a better plan, better 14 A. No. 15 equipment, better room? 15 Q. Okay. 16 A. The way that he wants to operate the 16 VIDEOGRAPHER: We have about 17 program, again, we did not have that request when 17 five minutes of tape left. 18 Coach Rodriguez was here. 18 MR. ROBON: Okay. 19 Q. Do you think it's better yourself? 19 BY MR. ROBON: 20 A. I think it can be more be efficient, 20 Q. Who else looked at the spreadsheet in 21 yes. 21 Exhibit BB besides Tom Dorer and Russ Sharpe? 22 Q. The new -- what is being implemented 22 A. I know we shared it with Ed, but 23 now would be more efficient? 23 beyond that I'm not sure. 24 A. Yes. 24 Q. Did you ever have a professor of Page 163 Page 165 1 Q. So that would be a betterment to the 1 finance or anybody look at it? 2 university; would it not? 2 A. No. 3 A. In my perspective, but again, had 3 Q. Did you ever have the dean of the 4 Coach Stewart not requested it, it would not be 4 business school look at it? 5 taking place. 5 A. No. 6 Q. But as a condition of employing Coach 6 Q. Did you have anybody in the business 7 Stewart that wasn't a condition of his 7 school look at it? 8 employment, was it? 8 A. No. 9 A. No, it was not. 9 Q. Did you have the president look at 10 Q. So that was a freebie for him from 10 it? 11 the athletic department? 11 A. He may have looked at it, I just -- I 12 A. I'm not sure what you mean by that 12 don't recall. 13 comment. 13 Q. Did you have anyone outside of the 14 Q. He was given an opportunity to have a 14 University look at it? 15 change made? 15 A. No. 16 A. We knew that any time you have a 16 Q. And the only two people having input 17 coaching change, particularly in football that 17 here were you and Russ Sharpe, so if I depose 18 there are going to be changes that occur in a 18 Russ Sharpe and you, I get all the information on 19 program. That goes back to liquidated damages, 19 Exhibit BB? 20 that's why we calculated these in advance of what 20 A. Again, general counsel was involved. 21 potential changes or damages to the university 21 Q. Dorer, but he didn't give any other 22 could take place. 22 suggested categories you said earlier? 23 Q. What I'm saying to you is you had -- 23 A. Well, what I think I said is he 24 you knew when you hired Coach Stewart that you 24 didn't determine the numbers. 42 (Pages 162 to 165) Page 166 Page 168 1 Q. Did he give suggestive categories? 1 in basketball? 2 A. I honestly just don't recall. 2 A. We knew that football would be easier 3 Q. Okay. 3 to go to a higher number, certainly, because of 4 Was there a written memorandum to you 4 the potential revenue that comes in and other 5 of what you should prepare? 5 elements related to the expenses related to 6 A. No. 6 football. 7 Q. Just verbal? 7 Q. This is like a forecast for business, 8 A. We talked about the fact that we 8 like West Virginia has, what, 29,000 students, 9 needed to document the liquidated damages, the 9 you're forecasting maybe next year we'll have 28, 10 potential damages. 10 or we might have 30, 000; right? 11 Q. Isn't it true that you did the 11 A. I'm not projecting what student 12 liquidated damages spreadsheet for John Beilein 12 enrollment is, no. 13 after Beilein announced that he was leaving and 13 Q. No, I mean isn't this the same kind 14 Mr. Fitzsimmons was representing him? 14 of projection? 15 A. I don't believe that's the case, no. 15 A. We are projecting what potential 16 Q. You think you did Beilein's before he 16 damages could be, yes. 17 left? 17 Q. But isn't it the same type of thing 18 A. I believe so. 18 as projecting student enrollment, just an 19 Q. And he left April when of '07? 19 educated guess? 20 A. Sometime in April of '07. 20 A. It's projecting what we think could 21 Q. And you're saying to me that you 21 be our potential damages. It's impossible to go 22 prepared something in March or earlier of '07? 22 forth and predict what's going to happen in the 23 A. That's what I recall, yes. 23 future. We projected them; this is what was 24 Q. And can you tell me did you have an 24 agreed to. Page 167 Page 169 1 inkling Beilein was going to leave? 1 Q. And you're saying Beilein's was 2 A. At that time, no. 2 prepared before Rodriguez's? 3 Q. Why out of coincidence would there 3 A. I don't recall the exact timeframe. 4 all of a sudden be a money calculation, exhibit 4 Q. So you're not sure about that? 5 prepared for a coach who subsequently leaves a 5 A. I'm not sure about that. 6 month later? 6 VIDEOGRAPHER: One minute of 7 A. Good advice of counsel. 7 tape left. 8 Q. Why didn't you do one for Rodriguez 8 MR. ROBON: Okay. 9 back in '06? 9 BY MR. ROBON: 10 A. Well, we did start to do it after the 10 Q. Did you look any web sites or 11 advice of counsel in December of '06. 11 anything that you prepared on Exhibit BB? 12 Q. But you didn't do one before he had 12 A. No. 13 an offer from Alabama? 13 Q. Did you get on the Internet for any 14 A. We did not have one in place at that 14 information that you provided on Exhibit BB? 15 point. 15 A. No. 16 Q. Did someone tell you that they 16 Q. Did you read any treatises or 17 basically wanted to be sure that they could 17 articles -- 18 justify the liquidated damage number? 18 A. No. 19 A. Well, we knew that we had no problem 19 Q. Any books? 20 justifying the $4 million in sport football. The 20 A. No. 21 advice we had of counsel was to document it. 21 Q. Attended no conferences; correct? 22 Q. Okay. 22 A. Correct. 23 Did you know that it would be 23 Q. And didn't speak to any other 24 difficult supporting $4 million or $2.5 million 24 athletic people throughout the country? 43 (Pages 166 to 169) Page 170 Page 172 1 A. No. 1 at for the study center and the locker rooms. 2 Q. That's correct? 2 Again, back to the financial statements -- 3 A. That's correct. 3 Q. You said study center? 4 MR. ROBON: Go ahead and 4 A. Uh-huh (yes). 5 change tapes. 5 Q. Where did the study center come in 6 VIDEOGRAPHER: The time is 6 from? 7 12:50 p.m.; we are going off the record. This 7 A. It was built inside the Puskar Center 8 concludes tape three. 8 as part of the 2006 term sheet. 9 * * * 9 Q. So you're attributing that to as a 10 (Short break taken) 10 damage item for Rodriguez? 11 * * * 11 A. What I'm considering is the donations 12 VIDEOGRAPHER: The time is 12 that we received that were there to support the 13 12:59 p.m.; we are back on the record. This 13 commitment the University made for the 14 begins tape four. 14 construction of the locker room -- 15 BY MR. ROBON: 15 Q. What line item are you referring to 16 Q. When we went off the other tape I was 16 when you say you looked at that? 17 asking you what source documents that you may 17 A. Two. 18 have looked at, web sites and you said no; can 18 Q. And what study room was built that 19 you recall any source documents or source 19 wasn't paid for? 20 information written, printed, electronic that you 20 A. As part of the agreement in 2006, for 21 looked at and preparing Exhibit BB? 21 December of 2006, I believe the -- had dealt with 22 A. We looked at two internal documents 22 a commitment to Coach Rodriguez to build a study 23 that told us what our ticket sales were. We look 23 center, a commitment to Coach Rodriguez to build 24 at internal documents to look at what our 24 a new locker room as well as salary enhancements Page 171 Page 173 1 estimated -- 1 for himself and other coaches. 2 Q. And what would be those internal 2 Q. All right. 3 documents? 3 So in the Puskar Center weren't there 4 A. Just financial reports. 4 donations that covered the new locker room? 5 Q. Of ticket sales? 5 A. They included, but we projected was 6 A. Yes. Now, what I was referring to 6 if we potentially had a loss of people who 7 earlier was any outside source. 7 withdrew their contributions. 8 Q. Now, is there a folder that we could 8 Q. But that's already paid for now, 9 look at in your office or at the athletic 9 isn't it? 10 department that would contain all of the things 10 A. No. 11 that you looked at? 11 Q. It's not -- 12 A. No, but we could easily go back and 12 A. We had a -- as we talked about 13 look at what the sales figures were for -- 13 earlier we had a -- we projected what we could 14 Q. Well, give me the documents -- give 14 potentially lose and we projected $700,000. 15 me the document you looked at, just give me a 15 Q. Well, let's back up a minute. I was 16 list of the documents that you looked at. 16 told that the Puskar Center construction was 17 A. Well, we would have looked at the 17 going to take place in the late summer of 2007 18 revenue from ticket sales in 2006. 18 and that did not occur and then I was told, Mr. 19 Q. Okay. 19 Pastilong testified that in October of '07 he 20 And that's in a financial statement? 20 didn't have enough donation commitments that he 21 A. Yes. 21 could start the project, but it was started late 22 Q. Okay. 22 in the fall of 2007; now is that true or false? 23 A. We would have looked at the -- what 23 A. As far as the locker room, yes, as 24 the cost of the construction that we were looking 24 far as the study center was done prior to the 44 (Pages 170 to 173) Page 174 Page 176 1 2000 season. 1 Q. And how much does Mr. Puskar pay for 2 Q. Okay. 2 it? 3 So the locker room was completed 3 A. I don't know. 4 after Rodriguez left? 4 Q. But you're not saying you're short on 5 A. It's under construction now. 5 donations to pay for that? 6 Q. Okay. 6 A. I'm not sure exactly where we stand 7 A. It was already started before 7 right now but $2.5 million was withdrawn from it. 8 Rodriguez left. 8 Q. That's to Ken Kendrick? 9 Q. But it could have stopped? 9 A. Yes. 10 A. It could have stopped. Well, I'm not 10 Q. Now where would I find information to 11 sure it could have because they actually, the day 11 show that you actually had a loss or a gain in 12 after the last game they removed all the locker 12 contributions; what file, where would I look? 13 rooms; they started demolition of it. 13 Where did you look? 14 Q. After the last game or after the 14 A. Well, I don't receive the report, it 15 Fiesta Bowl? 15 would be something that Russ or Ed or the 16 A. After the last game. 16 Foundation would have. 17 Q. Is that a betterment to the facility? 17 Q. So you didn't look at it? 18 A. But it was not necessarily a 18 A. No, we looked at what our projected 19 requirement. 19 revenues were. 20 Q. Is it a betterment to the facility? 20 Q. No, no, I want to know what you 21 A. I think that's in the eyes of the 21 looked at. 22 beholder. We had an excellent locker room, the 22 A. We looked at what the commitment to 23 commitment, the financial commitment was made to 23 enhance the facilities were going to be, which 24 go out and spend the extra dollars as part of the 24 was $7 million, and we looked at what a potential Page 175 Page 177 1 negotiations in December 2006. 1 loss if we had a coaching change could be. 2 Q. So you're telling me that there were 2 Q. And I don't understand how the loss 3 new lockers put in, right? 3 affects the construction of a locker room. It's 4 A. A new locker room. 4 like putting a new addition on your house. 5 Q. A new locker room, but they're new 5 A. We would not have made that 6 lockers? 6 commitment to put that new addition on there had 7 A. As part of the locker room, yes. 7 Coach Rodriguez not been part of this process. 8 Q. Okay. 8 Q. Don't you have a program where you 9 How many new lockers? 9 replace things after so many years that wear out? 10 A. I don't know the exact number. 10 A. The locker room was not in need of 11 Q. And you don't think that's going to 11 repair. 12 help the team for the next 10 years with 12 Q. Then why did you do it? 13 recruits, would be like in a television set? 13 A. Because Coach Rodriguez wanted it and 14 A. But, again, we went out and made -- 14 made it as part of his negotiations. 15 Q. Yes or no? 15 Q. And are you saying as the Deputy 16 A. -- a, we made a $7 million 16 Athletic Director, it was a waste of money? 17 contribution, or not contribution, commitment to 17 A. I didn't say that. 18 enhance the facilities there per the request of 18 Q. Okay. 19 Coach Rodriguez that would not have necessarily 19 You said it was not needed? 20 been done had that negotiation not been part of 20 A. It was not necessary at the time. 21 that negotiation. 21 Q. Was it needed? 22 Q. Did you tell him it was going to cost 22 A. It was not necessary at the time. 23 $7 million? 23 Q. My question is was it needed? 24 A. He knew the budget. 24 A. We could have operated our program 45 (Pages 174 to 177) Page 178 Page 180 1 with the same locker room we had, we won the 1 question can't be answered, you're mixing, excuse 2 Sugar Bowl with it. 2 me, you're mixing prospective damages with actual 3 Q. Do you believe that it's benefited 3 damages. They're two different things, totally, 4 the Puskar Center to have a new locker room? 4 and you keep interchanging those terms in the 5 A. Well, we don't have it done yet. 5 same question also, and it's incapable of 6 Q. When it's completed? 6 answering. You ask him as to a projection of 7 A. I mean it's like a new coat of paint 7 damage and then you ask him what really happened 8 on a wall, yes, it certainly benefits it but we 8 and you put it in the same question, it's just 9 made a $7 million commitment of which part of 9 absolutely nonsensical. 10 that money was withdrawn in order to build that 10 MR. ROBON: No, it's not. 11 -- those additions to the building. 11 MR. FITZSIMMONS: Yes, it is. 12 Q. If the money wasn't withdrawn, would 12 MR. ROBON: No, I -- 13 that be an element of damage for you? 13 MR. FITZSIMMONS: You know 14 A. We calculated it as potential 14 darn well it is. 15 damages. 15 MR. ROBON: Let me ask him 16 Q. No, if the money was not withdrawn, 16 the questions. 17 if Kendrick didn't withdraw the $2.5 million, 17 BY MR. ROBON: 18 would you still have had a line item? 18 Q. If Ken Kendrick didn't withdraw his 19 A. When this was prepared, this was 19 pledge, would there have been an element of 20 prepared assuming what could happen in the 20 damages on Exhibit BB, line two? 21 future. When this was prepared we took that into 21 MR. FITZSIMMONS: Same 22 consideration. 22 objection, that's a perspective analysis of what 23 Q. My question though is now it's? 23 damages could be in the future and you're taking 24 after-the-fact, let's say Ken Kendrick ponies up 24 a present damage and trying to go back into a Page 179 Page 181 1 the $2.5 million; is that an item of damage yet? 1 projection. It's just absolutely nonsensical. 2 MR. FLAHERTY: Object to the 2 MR. ROBON: You can answer 3 form of the question. Again, this is not a case 3 the question. 4 about anything other than the liquidated damages. 4 THE WITNESS: If Mr. Kendrick 5 MR. ROBON: I understand 5 had not withdrawn his contribution we would have 6 that. He's prepared -- 6 had the full amount for the payment of the 7 MR. FLAHERTY: But you're 7 construction. 8 asking him -- 8 BY MR. ROBON: 9 MR. ROBON: The spreadsheet. 9 Q. So there would be no line item two; 10 MR. FLAHERTY: I understand 10 correct? 11 that and if your question was limited to that but 11 A. When this was prepared we were 12 you're talking, you're framing your questions by 12 potentially looking at what damages were going to 13 using an element of damage. And if you're 13 be. 14 assuming in that question an element of damage 14 Q. Okay. 15 that we're going to prove or not prove in this 15 But now in reality a year later, if 16 case, I'm objecting to it because as we've said 16 the money is there it's not a line item of 17 before this is a liquidated damage clause. 17 damages? 18 MR. ROBON: Let me ask this. 18 A. The money was withdrawn. 19 Do you intend to use Exhibit BB in court? 19 Q. Right. 20 MR. FLAHERTY: We haven't 20 But I'm saying if the money was 21 made that determination yet. 21 there, it would not be a line item of damages; 22 MR. ROBON: Well, then answer 22 correct? 23 my question. 23 A. No, because I think we go forth if 24 MR. FITZSIMMONS: The 24 you had construction in place or if a commitment 46 (Pages 178 to 181) Page 182 Page 184 1 was made, you would obviously put that back into 1 A. Per your request, yes. 2 it. 2 Q. Now, let's go back to my first 3 Q. Let me ask it this way; if your 3 question and you still have not answered it. 4 ticket sales for the next three years continually 4 MR. FLAHERTY: He has 5 go up, you don't have a line item of damages in 5 answered it several times. 6 item number one of Exhibit BB; correct? 6 BY MR. ROBON: 7 A. For whose contract? 7 Q. I want to know what else you looked 8 Q. Anybody's contract. 8 at within the athletic department or anywhere 9 A. Well, sure you would because they 9 other than the actual damages that you just 10 have the potential of going down, that's what 10 testified to, to come up with any numbers on 11 we're reflecting, not going up. 11 items one through 18. 12 Q. No, I'm saying if they go up in -- go 12 A. We would look at the athletic 13 up, you have no item of damage; correct? 13 department's financial records to determine the 14 MR. FLAHERTY: Object to the 14 most of the items one through six. 15 form of the question. 15 Q. Okay. 16 A. If you're looking at a settlement to 16 Nothing else? 17 see what your damages were maybe that would be 17 A. Nothing else. 18 true, but this was done as we looked ahead of 18 Q. Okay. 19 what potential damages could be. 19 A. To my knowledge there's no book out 20 Q. Right. 20 there, there's no seminar that's taken place that 21 But hindsight is 20/20. We're now 21 would help an athletic administrator to determine 22 looking back and let's say in another month or 22 this part. It's really not that complicated. 23 two months when your ticket sales are complete 23 Q. What financial records of the 24 you have no loss of ticket revenue, then item 24 athletic department did you look at? Page 183 Page 185 1 number one on Exhibit BB would be incorrect? 1 A. The athletic department's financial 2 A. This was determined on potential not 2 records. 3 actual. 3 Q. They have separate financial records? 4 Q. Okay. 4 A. From the university? 5 A. So I can't say that it's incorrect 5 Q. Yes. 6 because this is done on potential damages. 6 A. Yes. 7 Q. All right. 7 Q. And the financial records are records 8 So what have you calculated to actual 8 of what? 9 damages by Rodriguez's leaving? 9 A. I'm sure someone else could better 10 A. What have we done so far? 10 answer this than I, but it's broken down into 11 Q. Yes. 11 various accounts within the department, there's a 12 A. I think we talked about all those 12 football budget, there's a basketball budget, 13 before. 13 there's a soccer budget, there's units within the 14 Q. Okay. 14 athletic department that have their own budgets. 15 You came up with the moving expenses 15 Q. Did you just look at the football 16 -- 16 budget? 17 A. The moving expenses, the additional 17 A. Yes. We only looked at -- 18 compensation for coaches, the search pieces of, 18 Q. You didn't look at anything else? 19 you know, some renovations, those are the things 19 A. No, we looked at the things totally 20 that we talked about as actual to -- we can say 20 related to football. 21 to this point. 21 Q. Okay. 22 Q. And you're going to provide -- I'm 22 And in Beilein's calculation you 23 going to make a request and you're going to 23 looked at things totally related to basketball? 24 provide copies of those bills? 24 A. To men's basketball, yes. 47 (Pages 182 to 185) Page 186 Page 188 1 Q. Item number seven, severance pay; did 1 the expense. 2 you make any severance payments? 2 Q. Well, let me ask this question, when 3 A. No because the coaches who left, left 3 you did this a year before in 2007, how do you 4 immediately and Coach Stewart retained the 4 know there would have been changes to the video 5 coaches that were still here. 5 system necessitated by a change in coaches? 6 Q. So that $792,480 is not actual; 6 A. Well, let me give you an example. 7 correct? 7 Coach Huggins came in and one of the things that 8 A. Again, this was done as a projection. 8 Coach Huggins wanted was a new video system 9 Q. Can you answer the question? 9 because he was used to working under this 10 A. Yes. 10 particular video system, so we had that 11 Q. Okay. 11 additional expense because he and his coaches 12 And we already talked about your 12 were used to a different system. Instead of them 13 search expense, moving and relocation you've 13 learning everything totally new, we shifted over 14 talked about, and the locker room you got a $3000 14 to a new system. We did not have to do that other 15 -- $100,000 figure here, necessitated by a 15 than it was something that made that coach be 16 change; you wouldn't consider that an improvement 16 more successful and to better do their job. 17 to the buildings? 17 Q. Are the two coaches in football and 18 A. Again, it would not have been done 18 basketball using the same system? 19 had it not been requested by a coach to do so. 19 A. No. 20 Q. Does the building have cable TV? 20 Q. So there's a separate facility for 21 A. Yes. 21 the football videos? 22 Q. Did someone request there be a cable 22 A. Yes. 23 in the athletic department? 23 Q. Okay. 24 A. Actually it was, Coach Rodriguez 24 So because Huggins wanted that after Page 187 Page 189 1 requested cable to be installed. 1 Beilein left you put it in the potentials that 2 Q. Should he pay for that also? 2 Rodriguez's successor might want to it also? 3 A. I don't know that we're asking him to 3 MR. FLAHERTY: Object to the 4 pay for that. 4 form. He said he was giving it to you as an 5 Q. If he left within a year after he 5 example. 6 requested the cable-TV, should he be paying for 6 MR. ROBON: No, I'm asking, 7 that? 7 it's on the line item here, line item number 11, 8 A. No, what this is referring to here is 8 changes to the video system. I'm asking where did 9 if we had facility renovations that were 9 that come from. That came from Huggins, right? 10 necessitated by the coaches. 10 THE WITNESS: Absolutely not. 11 Q. And number 11, the video system, you 11 This was prepared before Huggins was ever on the 12 are the ones that moved Dusty Rutledge, right? He 12 scene. 13 didn't do that? 13 BY MR. ROBON: 14 A. Dusty Rutledge left the university on 14 Q. Well, then how did you know it might 15 his own. 15 be a potential damage? 16 Q. Right. 16 A. Because we understand athletic 17 A. He was reassigned to the Coliseum, 17 administration well enough to know that when 18 that's not to say he wouldn't have been 18 coaching changes occur, particularly at your 19 reassigned back to the stadium. 19 major high-profile sports these are the types of 20 Q. Okay. 20 requests that will come in. 21 But isn't it the act of West Virginia 21 Q. And tell me the last time that that 22 in assigning him to the Coliseum that caused the 22 occurred before Huggins, with which coach and 23 expense in the video room? 23 what sport? 24 A. No, his resignation is what caused 24 A. John Beilein and Rich Rodríguez; John 48 (Pages 186 to 189) Page 190 Page 192 1 Beilein in basketball, Rich Rodríguez in 1 A. Well, it was either we looked at what 2 football. 2 we paid last time or what the going price was for 3 Q. And did you spend $450,000 on each of 3 a system today. It was one of the two. 4 them? 4 Q. And you put new equipment in or not? 5 A. Not on each of them, no. 5 A. When? 6 Q. Did you spend $450,000 in total on 6 Q. The new video? 7 both of them? 7 A. This year? 8 A. This is sometime ago and in the -- 8 Q. Yes. 9 Q. I want to know where the $450,000 9 A. No, not for football. 10 figure came from? 10 Q. So it's not really an expense item? 11 A. If we had to replace our video system 11 A. It's a potential. 12 for the coaches' analysis in the football 12 Q. It's a potential, but Bill Stewart 13 operation, that's what the projected cost would 13 hasn't asked that it be changed? 14 be if we had to totally replace it. 14 A. He has not requested that it be 15 Q. How old was the system? 15 changed. 16 A. Maybe five years. 16 Q. Okay. 17 Q. And what's the life of a system, if 17 And you got $100,000 in miscellaneous 18 you now? 18 expenses on line 15, unanticipated expenses; what 19 A. I don't know that. 19 did you categorize in there? 20 Q. Could be outdated in two years, 20 A. I think that was an area that would 21 couldn't it? 21 protect us that as you make changes it could be 22 A. I would think not. 22 any type of an expense, whether it be new 23 Q. Like a computer? 23 furniture, whether it be new, just unanticipated 24 A. You can replace a computer, this is 24 expenses. Page 191 Page 193 1 software driven so the main piece of it -- 1 Q. It could've been $200,000? 2 Q. Software changes all time. 2 A. It could have been. 3 A. In this part of our upgrades, it's 3 Q. Could have been $10,000? 4 part of the compensation we do for it; we have an 4 A. I'm not sure what the total number 5 annual fee that we pay as well. 5 could be. 6 Q. But you don't have any document that 6 Q. You said -- you mentioned Auburn had 7 would show me where the $450,000 figure came 7 a $6 million buyout and Clemson had a large one; 8 from, is that right? 8 how many Division I schools are there? 9 A. I think that was pretty much what we 9 A. 110, 108, somewhere in that range. 10 spent last time when we bought it. I think that's 10 Q. Over a hundred? 11 where that number came from. 11 A. Uh-huh (yes). 12 Q. Is there a document that shows that? 12 Q. Not 200? 13 A. I'm sure we could go back to look to 13 A. I think 100, Division 1-A's I should 14 see what we paid for it when it was initiated. 14 say. 15 Q. Did you look at that document? 15 Q. And you checked one percent of them? 16 A. Yes. 16 A. Our focus on any of our research at 17 Q. When you -- 17 the Big East -- 18 A. I can't remember if we looked at that 18 Q. You can answer yes or no. 19 or looked at what the system would cost today if 19 MR. FLAHERTY: He can answer 20 we had to replace the system. But we did not -- 20 it anyway he wants. 21 we just looked at something to determine that 21 THE WITNESS: Our focus has 22 number. 22 been on what our peer institutions in the Big 23 Q. But you don't know what you looked 23 East were doing, I usually would keep track of 24 at? 24 what other schools were doing as well. Whenever 49 (Pages 190 to 193) Page 194 Page 196 1 there's a news account or something we'd keep a 1 of $50,000 - $60,000, our subscription fees right 2 file on what they had. 2 now is geared at live events, video. 3 BY MR. ROBON: 3 Q. Wouldn't another web site cause 4 Q. But I asked you what Florida State 4 additional income to come in? 5 was, you don't know? 5 A. It could also take away advertising 6 A. That one I'm not sure off the top of 6 from and support of the main web site. 7 my head, no. 7 Q. Well, people could have two web 8 Q. Could be a lot less than $4 million? 8 sites; could they not? 9 A. Could be. 9 A. Then you dilute -- then you dilute 10 Q. You read the three depositions of 10 the impact of it all where now you're deciding 11 Rodriguez, Pastilong and Mike Brown? 11 which, you're going to move money from one web 12 A. I skimmed through them, yes. 12 site to the other. We didn't need it. We also 13 Q. Okay. 13 talked to other schools and determined at that 14 Anything in there that was said that 14 point that it was not in the best interest. I 15 you disagree with that you can recall? 15 gave my opinion to the athletic director and it 16 A. Nothing I recall. 16 went from there. 17 Q. Did you make any notes when you read 17 Q. And your opinion was -- it ended up 18 them? 18 being followed; correct? Do you know if Rodriguez 19 A. No. 19 was ever given a reason why he could not have a 20 Q. And you read them within the last 10 20 web site? 21 days or so? 21 A. I do not know that. 22 A. Probably a little longer. 22 Q. Was it, you believe, Rodriguez's 23 Q. Two weeks? 23 intent that he obtain the revenue from the web 24 A. Shortly after they came out to the 24 site or would it belong to West Virginia Page 195 Page 197 1 media. I'm not sure of the exact time. 1 University? 2 Q. Does Russ Sharpe have a file on these 2 A. It was my understanding that the 3 projections, at what he looked at? 3 revenue that he would receive off of it would be 4 A. I'm not sure. 4 dedicated to the football program. The money that 5 Q. You don't? 5 we receive off the web site now goes into the 6 A. Right, I do not. 6 general operating costs of the athletic -- or the 7 Q. Were you involved in determining 7 general operating budgets of the athletic program 8 whether the coach should have a web site of his 8 and could ultimately be rob Peter to pay Paul. 9 own or not? 9 Q. Did you know that Governor Manchin 10 A. I was asked to provide my input and 10 offered Jimbo Fisher the football coaching job? 11 my opinion. 11 MR. FLAHERTY: Object to the 12 Q. And what was that opinion? 12 form of the question. 13 A. My opinion was that the athletic 13 A. I have no knowledge of that. 14 department already had a web site and we had a 14 Q. Never heard about that? 15 subscription web site and the creation of another 15 A. Never heard about that. 16 web site would only create competition for 16 Q. Did you know that Fisher declined? 17 ourselves. 17 MR. FLAHERTY: Object to the 18 Q. Did you make money from the 18 form of the question. 19 subscription web site? 19 A. I didn't know he was offered. 20 A. Do we? 20 Q. Were you kept in the loop in the 21 Q. Yes. 21 football coach search? 22 A. Yes. 22 A. Yes, I was. 23 Q. How much? 23 Q. But you didn't know about that? 24 A. I would say it's in the neighborhood 24 A. I was not aware of that. 50 (Pages 194 to 197) Page 198 Page 200 1 Q. Do you know who Jimbo Fisher is? 1 2 A. Yes, I do. 2 VIDEOGRAPHER: The time is 3 Q. Did you hear the comments made by 3 1:36 p.m.; we are back on the record. 4 Calvin McGhee why he wasn't interviewed? 4 BY MR. ROBON: 5 A. I heard the reports, yes. 5 Q. You spoke about the web site that the 6 Q. Were you involved in that 6 coach wanted; it could be competitive with the 7 investigation? 7 MSN web site? 8 A. I was questioned, yes. 8 A. Yes. 9 Q. By? 9 Q. How did you come to that conclusion, 10 A. Jennifer Macintosh. 10 what did you check out? 11 Q. What did you tell her? 11 A. Well, we knew that his desire was to 12 A. I told her I had no knowledge of it. 12 sell advertising; that was number one. 13 Q. Do you consider Coach McGhee an 13 Q. Wasn't his desire to be able to get 14 honorable man? 14 more free information to people about recruits, 15 A. I do. 15 games? 16 Q. Do you think he would lie? 16 A. That's what was said but we already 17 A. I would hope not. 17 had the avenue to do that free, he wanted to have 18 Q. Do you think he did lie? 18 a subscription site where people would have to 19 A. I have no knowledge of that. 19 pay for that information. 20 Q. Who do you think would be more 20 Q. So what was wrong with that? 21 trustworthy, Larry Aschebrook or Coach McGhee? 21 A. Because we felt that the information 22 A. I find them both to be trustworthy. 22 for the most part should be free to the public, 23 Q. Did you talk to Aschebrook about the 23 it was on our existing regular web site. Why 24 comments McGhee says were made? 24 dilute the marketplace with two web sites on the Page 199 Page 201 1 A. I do not recall doing that. 1 thing, particularly when he wanted to have 2 Q. Were you on the search committee for 2 advertising on it that would compete with 3 the coach? 3 advertising on our side of it, from the athletic 4 A. I was on the committee that was 4 department side of it all. 5 involved, yes. 5 Q. Well, if it was subscription that 6 Q. Was Calvin McGhee's name on the 6 would be extra money for the athletic department, 7 search committee list? 7 right? 8 A. I know it was one of the -- one of 8 A. It would also dilute money that could 9 the names that Eddie had, and I know he had a 9 potentially be diluting and damaging the present 10 conversation with him. 10 site. 11 Q. You didn't? 11 Q. And tell me how you came to the 12 A. I did not. 12 conclusion that it could dilute -- 13 Q. Did Eddie tell you what the 13 A. If an advertiser -- 14 conversation was about? 14 Q. No, no, don't give me assumptions; 15 A. He told me that there was some 15 tell me what research you did. 16 involvement or he had talked to him about his 16 A. We spoke with Virginia Tech 17 move to Michigan, but no details beyond that. 17 extensively; Virginia Tech spoke particularly in 18 MR. ROBON: Let's take a 18 light of the university has a contract with 19 couple minutes break. 19 Coca-Cola -- 20 VIDEOGRAPHER: The time is 20 Q. Who at Virginia Tech did you talk to? 21 1:10 p.m., we're going off the record. 21 A. I talked to Dave Chambers at Virginia 22 * * * 22 Tech. Ed Pastilong spoke to the athletic director 23 (Short break taken) 23 at Virginia Tech. 24 * * * 24 Q. And that's the only school you spoke 51 (Pages 198 to 201) Page 202 Page 204 1 to? 1 Q. And when did you do that? 2 A. No, I spoke to others as well. 2 A. Several years ago when the first -- 3 Q. Which ones? 3 when these requests first came up. 4 A. I spoke to Ohio State, I spoke to a 4 Q. So you haven't done in the past year 5 couple other -- I just don't recall -- 5 or so? 6 Q. Who at Ohio State? 6 A. He's been requesting that for maybe 7 A. I don't recall. 7 two years, maybe three. 8 Q. And everybody said it was negative? 8 Q. So you did this a long time ago; 9 A. Everybody talked about potential 9 correct? 10 damages. 10 A. No, time is relevant but two or three 11 Q. Okay. 11 years ago. 12 Did they -- had they implemented them 12 Q. So if it was promised to him in 13 any place that you spoke to? 13 August of '07, nothing was done? 14 A. Most of the sites we spoke to were . 14 A. To my knowledge it was -- I have no 15 non-subscription based just like the site that 15 knowledge of it being promised. 16 Coach Rodriguez already had, coachrod.com, not 16 Q. But if it was promised nothing was 17 necessarily recruiting oriented but most of them 17 done about it as far as you know? 18 were not subscription based. 18 A. As far as I know. 19 Q. Isn't it true that one of your job 19 Q. Now, going back to Exhibit BB you 20 responsibilities was to take care of the MSN 20 said that you looked at the financial records of 21 network, which included the web site? 21 the athletic department; can you tell the Jury 22 A. Yes. 22 what type of calculation, mathematical or 23 Q. And isn't it true that the coach 23 otherwise, that you or Russ Sharpe made to come 24 wanted control of his own web site? 24 up with the potential loss of tickets in item 1? Page 203 Page 205 1 A. He wanted to operate a separate web 1 A. We looked at the revenue that came 2 site, yes and how the controls factor came into 2 from the 2006 football season and calculated it 3 it, I don't know that. 3 from that figure. 4 Q. Did that step on your toes a little 4 Q. Calculated -- how did, what did you 5 bit because he's assuming greater responsibility 5 calculate? 6 within the athletic department? 6 A. We took 10 percent of the revenue 7 A. I wasn't concerned about my personal 7 from the 2006 football season to determine that 8 feelings. I was concerned about the effect it 8 number. 9 would have upon the overall operation of the 9 Q. That's all you did? 10 official athletic department web site, which 10 A. Yes. 11 generates money for their operating budget, which 11 Q. Okay. 12 generates money that pays a good portion of his 12 No other calculations? 13 salary. 13 A. No other calculations to come up with 14 Q. But you didn't really do any study; 14 that particular number. 15 you just made a few phone calls? 15 Q. Right. 16 A. We spoke to several different places. 16 And no other investigation? 17 Q. Did you prepare a report? 17 A. Again, we looked at, to determine the 18 A. I had a -- I don't know if it was 18 percentage we looked at other things. 19 written, I had a verbal report certainly for it. 19 Q. Like what? 20 Q. But you never had a written report? 20 A. We looked at the previous ticket 21 A. I don't recall. 21 sales, increases over that year. 22 Q. Would you check and see if there is 22 Q. In 2005? 23 one? 23 A. And '04 and '03. 24 A. Sure. 24 Q. Okay. 52 (Pages 202 to 205) Page 206 Page 208 1 And what did those previous years 1 program gets all that money? 2 show you? 2 A. Yes. The athletic department gets 3 A. We showed increases. 3 that money. 4 Q. Increases? 4 Q. And has that revenue increased each 5 What percentage of -- 5 year? 6 A. I don't recall the exact numbers. 6 A. Yes. 7 Q. Is there a calculation someplace that 7 Q. Is that revenue dependent on how many 8 shows how you came up with the 10 percent? 8 home games there are? 9 A. As I said earlier what we did was 9 A. It's also dependent upon the number 10 made an educated assumption of what we thought 10 of people that attend games obviously. 11 was a fair and reasonable number. 11 Q. But is it also dependent upon the 12 Q. And when you came up with the MAC 12 number of home games? 13 donation, $700,000, what did you base that on, 13 A. Yes. 14 what kind of calculation? 14 Q. And each year there's a different 15 A. We looked at the projected costs for 15 number of home games, is there not? 16 the construction and the increase in salaries and 16 A. The majority, we always have seven 17 tied it with that same 10 percent. We were 17 home games, on a rare exception like last year we 18 looking at a $7 million investment that the 18 may have six. 19 athletic department, the university had committed 19 Q. And you play an 11 game season? 20 to Coach Rodriguez in December of '06. 20 A. 12 (twelve). 21 Q. And that 10 percent was just an 21 Q. 12 (twelve). 22 educated assumption? 22 And the sponsorship revenue, what did 23 A. Unfortunately it was -- it ended up 23 you look at; you had $4 million worth of 24 being a lot higher than that. 24 sponsorship? Page 207 Page 209 1 Q. But it was an educated assumption -- 1 A. Uh-huh (yes). 2 A. Yes. 2 Q. Is that for like signs in the 3 Q. -- at the time? 3 stadium? 4 A. Yes. 4 A. Radio, TV, signage. 5 Q. And you didn't ask any other schools 5 Q. And that's been the average over the 6 what that loss might be? 6 last several years, $4 million a year? 7 A. No. 7 A. Yes. I mean that was the number that 8 Q. Or what they sustained? 8 particular year. 9 A. No. 9 Q. And what makes you think that the 10 Q. And item three, you have 10 percent 10 loss of a particular football coach would cause 11 of $100,000 on merchandise revenue; is there $1 11 someone to withdraw their advertising? 12 million in merchandise revenue, is that how you 12 A. It has a lot to do -- the revenues 13 get the $100,000? 13 that you receive from advertising has a lot to do 14 A. Concession and merchandise revenue 14 with the success on the field. 15 specifically related to football. 15 Q. Right. 16 Q. It's $1 million a year? 16 A. If we're not getting the recruits, 17 A. Yes. 17 we're not getting the players, we're not winning 18 Q. That's sweatshirts and hats and 18 the games; we may not get that same type of 19 things like that? 19 revenue. 20 A. Cokes, hot dogs, popcorn. 20 Q. Okay. 21 Q. And that's in the financial records 21 What calculation did you make when 22 of the athletic department? 22 you looked at that you had $4 million worth of 23 A. Yes. 23 advertising type revenue; what physical 24 Q. And the athletic department, football 24 calculation did you make? Just take it times 10 53 (Pages 206 to 209) Page 210 Page 212 1 percent? 1 What's not calculated are potential losses to the 2 A. Yes. 2 university, whether it be enrollment, or revenues 3 Q. And that 10 percent was simply an 3 or donations that they may receive. 4 educated estimate? 4 Q. And you didn't ask, weren't asked to 5 A. An educated assumption. 5 do that? 6 Q. Assumption. 6 A. No. 7 And number five, we went through with 7 Q. No one else has done that? 8 the bowl appearances; depending on the bowl and 8 A. Not that I'm aware of. 9 the success of the team, it generates some money 9 Q. And what percentage did you use in 10 and others more money? 10 line item 6 for the $270,000 in TV appearances? 11 A. Yes. 11 A. That was a number that -- we were 12 Q. BCS Bowl is more money, right? 12 using the present formula that was provided by 13 A. Correct. 13 the Big East conference for our TV appearances. 14 Q. But that's an educated assumption 14 Q. The present formula, where's that 15 also? 15 formula? 16 A. A little less education involved 16 A. That is a formula that's, it's an 17 there simply because, or a little less assumption 17 appearance fee that the Big East conference 18 I should say in the fact that most of that is 18 designates. It could change from year to year, 19 predetermined, it is a moving target in that 19 but at the current time it was an appearance fee 20 those numbers can change year to year. Certainly 20 that if you appeared on television you were paid 21 you can make more money off of a BCS game than 21 for that national TV game, you were paid 22 you are one of the other bowl games. You're going 22 $135,000. 23 to sell more tickets, which equates to different 23 Q. And so you had two appearances? 24 revenues coming in and that changes from year to 24 A. But what we projected was losing two, Page 211 Page 213 1 year. 1 not eliminating but potentially going from, 2 Q. Didn't Bob Reynolds or Ken Kendrick 2 hypothetically, from eight to six. 3 buy $1 million worth of tickets? 3 Q. Because you might have a losing 4 A. He did not. 4 record? 5 Q. What did they buy at the last bowl 5 A. If the football program success is 6 game? 6 affected by that, yes. 7 A. What he announced was a -- 7 Q. Do you think you're going to have a 8 Q. Who is he? 8 losing season in 2008? 9 A. I'm sorry, Mr. Kendrick announced a 9 A. I certainly hope not. 10 contribution while we were in Phoenix to the 10 Q. You don't anticipate that, do you? 11 university, not to the athletic department, a 11 A. I do not anticipate that. 12 number that was equal to the number of unsold 12 Q. So most of the dollar figures that 13 tickets that we had for the Fiesta Bowl. 13 you've shown here on Exhibit BB, if you have a 14 Q. And how much did that turn out to be? 14 winning record for the next three years will 15 A. It was over $1 million. 15 never come to fruition, right? 16 Q. Over $1 million? 16 A. When this document was concluded it 17 So he gave $1 million to the 17 was -- or prepared it was done of potential 18 university? 18 damages. 19 A. To the university but not to the 19 Q. Right, I understand. 20 athletic department. 20 What I'm saying to you is if the next 21 Q. So are these calculations on Exhibit 21 two or three seasons are very successful in the 22 BB losses to the university or losses to the 22 football program at West Virginia University, the 23 athletic department or both? 23 actual damages that would be suffered as shown in 24 A. Losses to the athletic department. 24 here in Exhibit BB would never occur? 54 (Pages 210 to 213) Page 214 Page 216 1 A. I won't say never, no, because some 1 answer any way he wants to answer. He doesn't 2 of these are hard actual costs that have already 2 have to answer yes or no. You're trying to make 3 taken place. 3 him say it's a guess, he's told you it's an 4 Q. Right. 4 educated assumption and he's told you that about 5 And you're going to give me those 5 eight times. 6 numbers, exactly? 6 BY MR. ROBON: 7 A. Yes. 7 Q. How is it -- I agree it may be an 8 Q. But other than the hard actual 8 assumption, how is it educated? 9 numbers like paying the assistant coaches more 9 A. Because you have a person that's been 10 money and some moving expenses, the rest of it 10 involved in athletics for 30 years, you have a 11 very well may never come to actuality or reality? 11 person that in Rush Sharpe, who's been involved 12 A. We don't know. 12 in athletics for well over 20 years, in fact, 13 MR. ROBON: Let's go off 13 just named the business manager of the year in 14 camera. 14 college athletics this past week who have a great 15 VIDEOGRAPHER: The time is 15 understanding of what college athletics is all 16 1:53 p.m., we're going off the record. 16 about and the financial aspects of it. 17 * * * 17 Q. How many times in all your years at 18 (Short break taken) 18 West Virginia University have you done a 19 * * * 19 calculation after a coach has left to see what it 20 VIDEOGRAPHER: The time is 20 actually costs the athletic department? 21 1:54 p.m.; we are back on the record. 21 A. None. 22 BY MR. ROBON: 22 Q. Ever? 23 Q. You indicated that there was an 23 A. I don't recall any. 24 educated assumption on the 10 percent numbers in 24 Q. How many coaches have left the Page 215 Page 217 1 Exhibit BB, and when you say it was an educated 1 athletic department in your tenure at the 2 assumption it could have been eight percent, one 2 university? 3 percent or 20 percent; correct? 3 A. I don't know that number offhand. 4 A. We determined what we thought was a 4 Q. More than two dozen? 5 fair and reasonable number. 5 A. Including the assistant coaches, 6 Q. But how did you determine that or did 6 probably, yes. 7 you throw a dartboard on the wall and it hit 10 7 Q. And you've never done a study after 8 percent? 8 the fact as to what it really costs the 9 A. We thought it was a fair and 9 university to replace them; correct? 10 reasonable number -- 10 A. Correct. 11 Q. You and Rush Sharpe -- 11 Q. Have you ever been asked to do that? 12 A. -- that was realistic, yes. 12 A. No. 13 Q. Okay. 13 Q. And to this day have you ever been 14 Why, but why 10 percent, why not 10.4 14 asked to do an actual calculation of the 15 percent, or 9.6 percent? 15 financial loss by a coach leaving? 16 A. It was an educated assumption. 16 A. No. 17 Q. Does that mean a guess? 17 Q. Have you ever done a financial 18 A. It's an educated assumption. 18 analysis for a coach leaving at any other 19 Q. Does that mean a guess? 19 institution? 20 MR. FLAHERTY: He's answered 20 A. No. 21 the question, Mr. Robon. 21 Q. And you did not do a financial 22 MR. ROBON: I want to know 22 calculation after John Beilein left even though 23 yes or no, was it a guess? 23 you had a preliminary before he left; correct? 24 MR. FLAHERTY: No, he can 24 A. No. 55 (Pages 214 to 217) Page 218 Page 220 1 Q. So you weren't able to make a 1 the deposition finished as soon as I've asked 2 comparison on what your estimates were to 2 these questions. 3 actuality on the John Beilein matter; correct? 3 * * * 4 A. We have not done a summary at the 4 E X A M I N A T I O N 5 end. 5 BY MR. FLAHERTY: 6 Q. Isn't it true that in preparation of 6 Q. Mr. Parsons, Exhibit BB, do you based 7 Exhibit BB your goal was to come up with a number 7 on your experience in NCAA athletics, do you 8 that was higher than the liquidated damages 8 consider those figures as being conservative or 9 provision in a contract for the coach? 9 liberal, conservative being bare-bones minimum or 10 A. No, our goal was to identify what our 10 do you think you're being very liberal in coming 11 potential damages could be. 11 up with that number and it's actually less than 12 Q. And you didn't use that $4 ? 12 that? 13 million figure in the back of your mind? 13 MR. ROBON: Objection. 14 A. No. 14 A. I believe those to be conservative in 15 Q. Did you use the two and a half 15 nature. 16 million dollar figure in Beilein's? 16 Q. Conservative as I have defined it? 17 A. No. 17 A. Yes. 18 Q. Do you recall what the potential 18 Q. How long had Rich Rodriguez been 19 damages were in Beilein's calculation? 19 asking for a subscription based web site prior to 20 A. I do not recall. 20 you rendering, or you putting your opinion in on 21 MR. ROBON: Well, we're going 21 whether that was a good or a bad idea? 22 to recess the deposition until such time as he 22 A. Well, he had asked several years 23 provides the records from the athletic department 23 back, in my opinion, I gave my opinion to the 24 so I can see what his -- no, no, you can object 24 director shortly thereafter. That may have been Page 219 Page 221 1 all you want. 1 two years ago, three years ago, that's when I 2 MR. FLAHERTY: That's exactly 2 gave my opinion. 3 right and we're not going to recess the 3 Q. When you say that he had been asking 4 deposition. He's noticed for today, he's here 4 for a subscription based web site for two or 5 today, he's going to -- he'll continue to answer 5 three years, I think that's how you responded to 6 your questions. You aren't going to get a second 6 Mr. Robon's question; are you talking about two 7 bite at him. 7 or three years prior to August of 2007? 8 MR. ROBON: Well, we'll see 8 A. Yes. 9 what the Judge says on that, I'm going to request 9 Q. So we're going back to 2004, 2005? 10 all these documents that you've looked at, have 10 A. Yes. 11 prepared and have reviewed that are not in our 11 Q. You dealt with Rich Rodriguez during 12 possession, that have not been provided. 12 the entire seven years that he was at West 13 MR. FLAHERTY: You've never 13 Virginia University as head football coach, did 14 asked for them. 14 you not? 15 MR. ROBON: I wasn't sure 15 A. Yes. 16 until today what he used. 16 Q. Was he the type of person who was 17 MR. FLAHERTY: That's not our 17 constantly asking for something more? 18 problem. 18 MR. ROBON: Objection. 19 MR. MCGINLEY: Well, they 19 A. That was his nature, yes. 20 were asked for but, you know, we don't need to 20 Q. Never satisfied? 21 argue on the record about that. 21 A. He was always asking for additional 22 MR. ROBON: So consider the 22 items. 23 deposition recessed. 23 MR. ROBON: Objection. 24 MR. FLAHERTY: No, consider 24 MR. FLAHERTY: That's all I 56 (Pages 218 to 221) Page 222 Page 224 1 have. 1 of it is driven by a free service. 2 MR. ROBON: Just to follow 2 MR. ROBON: Well, let's show 3 up. 3 from our perspective we're recessing the 4 * * * 4 deposition until I get the calculations and the 5 E X A M I N A T I O N 5 documents you relied upon in preparing the 6 BY MR. ROBON: 6 Exhibit BB. 7 Q. When you say that Rich Rodriguez was 7 MR. FLAHERTY: And from our 8 asking for additional items, these were 8 perspective this deposition is concluded. He will 9 additional items that would better the football 9 read and sign. 10 program, were they not? 10 VIDEOGRAPHER: The time is 11 A. Some were; I'm sure in his -- in his 11 2:04 p.m.; this concludes tape four and this 12 definition of that, absolutely. I'm sure that 12 deposition. 13 other pieces of it could be more damaging to the 13 * * * 14 athletic department as a whole. 14 (Whereupon, this deposition 15 Q. Like what? 15 was concluded at 2:04 p.m.) 16 A. Well, the potential of the web site, 16 * * * 17 the web site had the potential of being, 17 (Whereupon signature was 18 disrupting the other part of the athletic 18 not waived by the witness). 19 programs. 19 * * * 20 Q. Did it have the potential of being a 20 21 great revenue creator and a great recruiting 21 22 tool? 22 23 A. Our analysis -- 23 24 Q. Yes or no, you can answer it, did it 24 Page 223 Page 225 1 1 THE STATE OF : or not? WEST VIRGINIA : 2 A. I don't think it -- 2 : SS: C E R T I F I C A T E COUNTY OF OHIO : 3 MR. FLAHERTY: Let him answer 3 I, DEBRA A. VOLK, Court Reporter and 4 the question, go ahead and answer the question. 4 Notary Public within and for the State of West Virginia duly commissioned and qualified, do 5 THE WITNESS: Our analysis 5 hereby certify that the within-named witness, 6 showed that it would be detrimental to the MIKE PARSONS, was by me first duly sworn to 6 testify to the truth, the whole truth and nothing 7 athletic department's web site. There was no need but the truth in the cause aforesaid; and the 7 testimony then given by the witness was by me 8 for two, if you were going to share revenue, if reduced to stenotype in the presence of the 8 witness; afterwards reduced to Computer Aided 9 you're going to share advertising and if it was Transcription under my direction and control; 10 all about getting the message out, the message 9 that the foregoing is a true and correct transcription of the testimony given by said 11 could be out on our regular web site to a much 10 witness. 11 12 broader number. I mean our current web site ranks I do further certify that this 12 testimony was taken at the time and place in the 13 ninth in the country in its subscription piece of foregoing caption specified, and was completed 14 13 without adjournment. it, and it's just a piece of it, not the entire 14 15 thing. We're hitting 75, a million hits a month I do further certify that I am not a 15 relative, counsel or attorney of either party, or 16 on it. If we need to get a message out we have otherwise interested in the event of this action. 16 17 the vehicle to do that. 17 IN WITNESS THEREOF, I have hereunto set 18 my hand and affixed my seal of office at Q. But it's non-subscription? 18 Wheeling, West Virginia, on the ______day of 19 A. A piece of it is subscription, which ______, 2008. 19 20 is basically video driven of events. In other 20 ______21 words, games, you can watch replays of games; you 21 DEBRA A. VOLK, Court Reporter Notary Public within and for 22 can watch TV videos, those sorts of things. 22 the State of West Virginia 23 Q. At a cost? 23 My commission expires July 25, 2015 24 A. Or the audio at a cost, but the bulk 24 (DAV) 57 (Pages 222 to 225)