Utah State University President George Emert said Saturday he was unaware of a lawsuit filed by former Aggie football coach Dave Arslanian that claims Emert fired him under fraudulent circumstances.
"Our policy is that we really do not speak about actions that are in the process of going to court," Emert said after hearing of Arslanian's lawsuit, filed Thursday in 3rd District Court.
In the lawsuit, Arslanian says Emert and USU athletics director Rance Pugmire already had hired Mick Dennehy from the University of Montana, five weeks before Arslanian was fired, while the two university officials "intentionally, fraudulently and with malice made representations to plaintiff that his job was not in jeopardy."
The lawsuit names as defendants Emert, who announced his resignation in May but will step down Dec. 31; Pugmire; Fred Hunsaker, USU vice president of administrative affairs; the university and its Board of Regents.
It charges all parties with breach of contract, breach of good faith and fair dealing. It charges Emert with intentional interference with "prospective economic relations," adding this was "carried out with the improper purpose of destroying plaintiff's career as a head football coach."
The lawsuit alleges the Board of Regents was guilty of negligent hiring and failure to properly supervise.
It states Arslanian has been unable to find another Division I coaching job because his reputation and career have been "severely and irreparably damaged."
The lawsuit also alleges USU has not honored the remaining financial terms over the final two years of Arslanian's four-year contract, including an annual gross salary of of $90,000; health, life, dental and vision insurance; retirement contributions; monthly car stipends, insurance and gas allowances and a guaranteed payment of $10,000 per year for the rights to a radio/TV coach's show.
The lawsuit seeks "full value of the contract," approximately $310,504, plus damages to the coach's reputation, damage to his earning opportunities, attorney fees and costs.
Arslanian did not return a phone call left on his message machine. Pugmire did not return a message left with a person at his home.
Charlie Johnson, a member of USU's Board of Regents, said Saturday night the board had no advise-and-consent role with Emert on hiring and firing of coaches.
"We would not expect to be informed" during the procedural portion of appointments or termination of coaches, Johnson said. He said the Board of Trustees has advise-and-consent authority in such matters, while the regents attempt to review "systemwide issues."
However, he said, "Obviously, when it gets into the use of resources, we take an interest," and so the lawsuit now is a matter of concern for the regents.
The lawsuit alleges Arslanian's troubles with Emert began right after the coach was hired in December 1997 from Weber State University, where Arslanian had become the Wildcats' winningest coach over nine seasons.
Arslanian brought along his brother, Paul Arslanian, as defensive coordinator. Emert "took great offense" to Arslanian's hiring his brother, citing state nepotism rules, the lawsuit alleges. Dave Arslanian pursued the matter through legal channels, showing the hiring did not violate nepotism rules, and hired Paul Arslanian, "contrary to (Emert's) wishes."
Under Paul Arslanian's direction, the Aggies defense led the Big West conference in total defense and rushing defense in 1998.
By then, the lawsuit alleges, Emert was privately telling people he was going to fire Dave Arslanian as head coach.
Also in 1998, Chuck Bell, who was USU athletics director when Dave Arslanian was hired, left the university. Bruce Van de Velde, then associate athletics director at Kansas State, took Bell's place. In July, 1999, Van De Velde resigned as USU athletics director.
One reason Van De Velde left, the lawsuit charges, is "due to the fact defendant Emert had already made it known he was going to see plaintiff was fired by the end of 1999 for no justifiable reason."
However, Van De Velde denied late Saturday night the Arslanian situation had anything to do with his departure.
"Absolutely not. That was not one of the reasons I left at that time," Van De Velde, currently senior associate athletics director at the University of Oklahoma, said in a phone call from Dallas, where the Sooners were in town to play the University of Texas.
"There was no agenda to dismiss him (Arslanian) during the time I was there. He was the coach 100 percent when I left," Van De Velde said.
Told of the statements about him in the lawsuit, Van De Velde said, "Aw, geez. This type of thing (coaches' dismissals) happens every day in athletics. There's nothing unusual about it in this case that I know of. Whatever happened had to happen long after I was gone."
Pugmire took Van De Velde's job as AD in July 1999. By October 1999, the lawsuit alleges, "Pugmire, at the direction of Emert and Hunsaker was secretly and covertly interviewing and offering the USU head football coaching position to at least one head football coach at a university located in the southeastern part of the country."
On or about Oct. 29, 1999, the lawsuit alleges, Emert, Hunsaker and Pugmire offered the head coaching job to Dennehy, then the Montana coach, and an agreement was reached at that time. The lawsuit charges these actions were done without informing the USU regents or trustees and without the knowledge or consent of Montana.
In the following weeks, the lawsuit says, Emert, Pugmire and Hunsaker continued to assure Arslanian, who compiled a 7-15 record in his two seasons, his job was not in jeopardy. In November, the lawsuit says, Emert was "publicly introducing and describing (Arslanian) at various school/athletic functions as a key part of USU athletics and the USU football coach for the future."
Asked if the university would have a statement about the lawsuit, Emert said, "Sure, as soon as the case is over."
E-mail: gtwyman@desnews.com