[If individual will also be employed as head coach, separate employment agreements must be executed for Head Coach and Athletic Director.]


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[If individual will also be employed as head coach, separate employment agreements must be executed for Head Coach and Athletic Director.]

ATHLETIC DIRECTOR EMPLOYMENT AGREEMENT




THIS EMPLOYMENT AGREEMENT (this “Agreement”) is between The University of Texas __________ (the “University”) and __________ [insert full name of person] (“Athletic Director”) (collectively, the “Parties”). This Agreement terminates and replaces any prior agreement between the parties relating to the employment of Athletic Director by the University.
For and in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:


  1. PURPOSE


The Parties have entered into this Agreement because the University desires to employ Athletic Director for the period provided and Athletic Director desires to serve the entire term of this Agreement, a long-term commitment by the Parties being critical to Athletic Director’s decision to enter into this Agreement and the University’s desire to run a stable intercollegiate athletics program (the “Program”). The Parties agree that, although this Agreement is athletics-related, the primary mission of the University is education, and accordingly, the primary purpose of all the University’s legal arrangements, including this Agreement, is the furtherance of the University’s educational mission. Athletic Director recognizes the importance of the maintenance and observance of the principles of institutional control over every aspect of the athletic program at the University. Athletic Director agrees to recognize and respect the organizational structure of the University in the execution of his/her duties under this Agreement.
2. DEFINITIONS
As used in this Agreement (including within these paragraphs) the following terms shall have these meanings:
“NCAA” shall mean the National Collegiate Athletic Association, and its successor. [If institution belongs to the NAIA, exchange the term NCAA with NAIA throughout the document and replace National Collegiate Athletic Association with National Association of Intercollegiate Athletics in the definition above.]
__________” shall mean the __________ Conference, its successor or any other athletic conference of which the University may be a member.
“Governing Athletic Rules” shall mean any and all present or future legislation, rules, regulations, directives, written policies, bylaws and constitutions, and official or authoritative interpretations thereof, and any and all amendments, supplements, or modifications thereto, promulgated hereafter by the NCAA or the __________ Conference or any successor of such association or conference, or by the Athletic Director in the conduct and administration of the Athletics Department.
“University Rules” shall mean any and all present or future legislation, rules, regulations, directives, written policies, bylaws, and constitution, and official or authoritative interpretations thereof, and any and all amendments, supplements, or modifications thereto promulgated hereafter by the University or by the Board of Regents of The University of Texas System.


  1. TERM OF EMPLOYMENT

The term of this Agreement shall begin on __________, and shall terminate on __________ (the “Term”), subject to the provisions below for termination. To extend or renew the Term of this Agreement, both Parties must sign a written agreement to do so. Athletic Director agrees that oral agreements to renew or extend this Agreement are invalid and non-binding. This Agreement in no way grants Athletic Director a claim to tenure in employment, nor shall Athletic Director’s service pursuant to this Agreement count in any way toward tenure at the University.

4. ATHLETIC DIRECTOR’s DUTIES AND RESPONSIBILITIES
A. Recognition of Duties. Subject to the other provisions of this Agreement, the Athletic Director shall devote his/her best efforts full-time to leadership, supervision, and promotion of the University’s athletic programs. Athletic Director will report directly to and act and perform to the reasonable satisfaction of the __________ [insert title of individual to whom Athletic Director reports], who will determine Athletic Director’s duties and responsibilities. The Parties agree to meet and formally discuss all aspects of the operation of the Program within 45 days following the conclusion of each season.
B. General Duties and Responsibilities. In his/her position as Athletic Director, he/she is responsible for the duties normally associated with an athletic director at a Division ___ university including: maintaining a high level of leadership, having a strong commitment to the University’s expectations for an athletics program run with integrity, student-athlete academic success and progress to graduation, high athletic achievement, financial solvency, student-athlete conduct and welfare, compliance with the Governing Athletic Rules and University Rules, personnel supervision and evaluation, scheduling assistance, promotions, public relations, development activities and the overall effective performance of the Program’s student-athletes and coaching staff.
C. Specific Duties and Responsibilities. The duties and responsibilities assigned to the Athletic Director in connection with the Program are set forth below. The list of specific duties and responsibilities supplements, and is not exclusive of, other general duties and responsibilities provided for elsewhere in this Agreement. The specific responsibilities of the position include, but are not limited to, the following:
(1) Be responsible for creating, enforcing, interpreting, and reviewing University’s intercollegiate athletic policies, procedures and strategic plan.
(2) Assure that the University has plans, policies, procedures and programs that are in compliance with the Governing Athletic Rules and University Rules, and that promote the mission of the University, the University’s high standard of academic excellence, and the general welfare of student-athletes;
(3) Understand, observe and uphold all academic standards and requirements of the University, including the University Rules, Governing Athletic Rules, and all state and federal laws, and ensure compliance by coaches and other athletic department personnel;
(4) Use his/her best efforts to ensure that all academic standards, requirements, University Rules and Governing Athletic Rules are observed, including those in connection with the recruiting and eligibility of prospective and current student-athletes who are academically qualified;
(5) Develop procedures and programs that assure the welfare of student-athletes; ensure that coaching and administrative staff actively support the Department of Athletics and the University’s joint commitment to academic achievement for each student-athlete, to include promoting academic advising and counseling services; maintain and environment in which the pursuit of higher education is a priority as reflected by class attendance, grade point averages, the NCAA academic progress rates (APR), and the NCAA and federal graduation rates;
(6) Promote athletic excellence and a competitive program on local, conference and national levels for the men’s and women’s intercollegiate varsity sports programs;
(7) Be responsible for the recruitment, the hiring and the terms and conditions of employment of all head coaches, with consultation and approval by the __________ [insert title of individual to whom Athletic Director will report], as appropriate;
(8) Maintain responsibility for the supervision and conduct of the head coaches and their activities; this responsibility shall include, without limitation, providing annual evaluations of such head coaches;
(9) Maintain responsibility for hiring and supervising all administrative and other personnel as deemed appropriate for the proper and effective functioning of a major intercollegiate athletic program in the framework of the values and traditions of the University, consistent with the University Rules and Governing Athletic Rules, and with the supervision and approval of the __________ [insert title of individual to whom Athletic Director will report], as appropriate;
(10) Maintain effective relations with governing boards, associations, conferences, committees, alumni, students, faculty, and staff;
(11) Ensure the fiscal integrity of the athletics program; develop strategic plans and budgets; raise private funds; monitor the expenditure of all funds consistent with all state and federal laws, University Rules, and Governing Athletic Rules;
(12) Participate in existing fundraising programs and develop new fundraising initiatives for the Department of Athletics;
(13) Identify needs for renovation and repairs consistent with principles of equal access and athletics; negotiate and recommend sports marketing, apparel, and shoe sponsorship arrangements;
(14) Consult regularly with the Compliance Coordinator regarding the interpretation of applicable rules, and bring any differences of opinion to the __________ [insert title of individual to whom Athletic Director will report] for resolution; assist the Compliance Coordinator or other designated individuals in investigating all cases where an alleged violation of a University Rule or Governing Athletic Rule has or may have occurred;
(15) Promote the University’s commitment to equal opportunity and affirmative action and compliance with Title IX;
(16) Maintain responsibility for overseeing and assisting with scheduling athletic events and games, and identify and recommend adding or removing varsity sports teams;
(17) Perform such other duties as assigned from time to time by the __________ [insert title of individual to whom Athletic Director will report].
D. NCAA and Other Governing Athletic Rules and University Rules.
(1) Athletic Director agrees to know, recognize, and comply in all respects with NCAA and other Governing Athletic Rules and University Rules. In the performance of all his/her duties and obligations under this Agreement, Athletic Director will abide by and comply with all Governing Athletic Rules and University Rules and all decisions issued by the University. Violations of any Governing Athletic Rules or University Rules by Athletic Director will be sufficient cause for disciplinary action.
(2) It shall be the responsibility of Athletic Director to promote an atmosphere of compliance within the Program and to monitor the activities regarding compliance of all coaches and other administrators involved with the Program who report directly or indirectly to Athletic Director. If, at any time during the Term of this Agreement, Athletic Director knows, or has reasonable cause to believe that any coach, student-athlete, student, faculty member, or agent or employee of the University, or any outside individual has violated, or allowed or caused to be violated, any Governing Athletic Rules or University Rules, or if Athletic Director receives notice or information that the NCAA or the __________ Conference intends to investigate or to review any alleged violations of Governing Athletic Rules or University Rules, or if Athletic Director receives notice or information that any law is alleged to have been violated by any student-athlete or coach of any University athletic program, including him/herself, he/she must immediately report such information, knowledge or belief to the Compliance Coordinator.
(3) If Athletic Director is found to be in violation of Governing Athletic Rules, whether while employed by the University or during prior employment at another NCAA member institution, Athletic Director shall be subject to disciplinary or corrective action as set forth in the provisions of the NCAA enforcement procedures, including suspension without pay, or the employment of Athletic Director may be terminated as provided in Section 7.A of this Agreement.
E. Reassignment of Duties. Throughout the Term of this Agreement, Athletic Director shall use his/her best full-time energies, efforts, and abilities for the exclusive benefit of the University. It is understood by the Parties, however, that during the Term of this Agreement, the University retains the right to reassign Athletic Director to other positions with different duties and responsibilities within the Athletic Department that University deems to be reasonably consistent with Athletic Director’s education and experience. In the event of such reassignment, beginning on the date of such reassignment, Athletic Director’s total compensation for the performance of such reassigned duties and responsibilities shall be the Base Salary in effect at the date of reassignment, which salary is listed in Section 6.A.(1) of this Agreement. The University’s obligations under Section 6.B shall terminate upon reassignment at the University’s sole discretion. Upon cessation of Athletic Director’s duties and responsibilities, Athletic Director shall voluntarily relinquish all appointments on NCAA or athletic conference committees, subcommittees and/or councils of any nature. If the University exercises its right to reassign Athletic Director and Athletic Director refuses to accept such reassignment, the University may terminate this Agreement pursuant to Section 7.A.
5. OTHER EMPLOYMENT
During the Term of this Agreement, Athletic Director shall either: (a) not engage in any other employment, act in a consulting or independent contractor capacity to any person, partnership, association, or corporation, or receive any athletically related income or benefit from sources outside the University; or (b) be permitted to engage in outside employment only after receiving the prior written approval of the President of the University. Approval shall be required annually. Each request for approval must be in writing and shall specify the source and amount of the income or benefit to be received. Athletic Director shall make a written annual report to the President of the University specifying the amount of all income and benefits from approved sources outside the University. Except when Athletic Director is required by the University to endorse, promote, appear in advertisements of, or consult with regard to athletic equipment or accessories for the purpose of complying with contractual obligations of the University, the name, marks, or logos of the University may not be used and Athletic Director may not be identified as the Athletic Director of the University (1) for purposes related to any employment, consulting, or athletically related activities of Athletic Director, other than for the University, or (2) in connection with Athletic Director’s endorsement, support, promotion, or advertisement of any person, partnership, corporation, association, product, or service.
6. COMPENSATION AND BENEFITS
A. Base Salary.
(1) Effective __________ [insert begin date from Section 3], the annual [“annual”, should be used only if the duration of the contract is for a period greater than one year] Base Salary for duties performed by Athletic Director under this Agreement shall be $__________, payable in 12 monthly installments. [The Base Salary will be reviewed at least annually and may be adjusted as required by the legislature or as deemed appropriate by the University.][Include this sentence only if the duration of the contract is for a period greater than one year.]



(2) Athletic Director will also receive all other regular employment benefits provided by the University to similarly-situated administrative and professional non-tenured, at-will employees of the University, and such benefits may be modified or terminated. Athletic Director acknowledges and agrees that such regular employment benefits may be modified from time to time, including, without limitation, terminated, as provided for by legislative action of the State of Texas or by action of the Board of Regents of The University of Texas System or the University.
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