News release on Leavitt's lawsuit against USF, foundation

FOR IMMEDIATE RELEASE
Coach Leavitt files suit against USF and the USF Foundation

Earlier today, Jim Leavitt filed a lawsuit in Hillsborough County Circuit Court based on the allegations summarized below. The Complaint demands restitution from the Defendants, USF and the USF Foundation, Inc., for breach of written contractual promises made to Coach Leavitt in March 2008, as well as for accountability by USF for refusal to comply with the Florida Public Records laws.

For fourteen (14) years Jim Leavitt served as the head coach of the University of South Florida football team. He founded the program in 1995, and by 2007 guided the team to both Top 25 and Top 10 national rankings faster than any start up program in NCAA history. The financial windfall to USF from that success has been enormous. At the time of his termination on January 8, 2010, only two (2) FBS (Division I-A) head coaches had been with their programs longer. Loyal to USF, over the years he had turned down multiple monetary offers far in excess of what he earned at USF.

On January 8, 2010, USF and the USF Foundation, Inc. illegally fired Coach Leavitt through a termination process ignited by hearsay allegations. USF publicly stated that Coach Leavitt's termination was based on a "fair," "thorough" and "professional" process. To the contrary, the process was biased, flawed and legally unsupportable. USF materially misrepresented statements given by multiple player witnesses, two (2) law enforcement officers and Coach Leavitt himself. That cannot be said to be "fair." USF failed entirely to interview several eyewitnesses favorable to Coach Leavitt. That cannot be said to be "thorough." USF cited legal authority in support of contract breach that USF officials inexplicably manipulated and/or misapplied to Coach Leavitt's contract. That cannot be said to be "professional."

USF publicly announced that "no credible witnesses" supported Coach Leavitt's account. This announcement was made despite USF's actual knowledge that Coach Leavitt's account was supported by law enforcement, a coach and several players. The USF assertion is insulting to those very credible eyewitnesses.

The USF selected process also violated Coach Leavitt's constitutional rights, despite USF having very publicly defended those rights for a past employee far less worthy or deserving. USF has repeatedly refused to provide copies of any witness statements given during the review process. In doing so, USF violated the written contract terms as well as the Public Records Laws of the State of Florida and the Florida Constitution. In refusing disclosure, USF is either hiding evidence favorable to Coach Leavitt or has destroyed that evidence to avoid being confronted with it.

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Wil H. Florin, Esquire