2008 Woodie Awards
Pressler files contract breach suit
Ex-coach seeks to void confidentiality clause
By: Chelsea Allison
Issue date: 10/15/07 Section: News
Last update: 10/15/07 at 6:34 AM EST
Last update: 10/15/07 at 6:34 AM EST
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The suit, which was filed in Durham County Superior Court Thursday by Raleigh-based attorney Jay Trehy, accuses the University of violating terms of the settlement by making defamatory statements against Pressler.
"The defendant wrongfully fired Coach Pressler on April 5, 2006, and publicly and falsely suggested he bore responsibility for the alleged misconduct," the suit reads.
Pressler led the team for 16 seasons until he was pressured to resign as allegations of rape surfaced against members of the 2005-2006 lacrosse team.
The case against David Evans, Trinity '06, Collin Finnerty and Reade Seligmann, was dropped this April, and Pressler alleges that his firing was a "very public response to the media coverage, without any semblance of a fair hearing or any willingness to consider the truth."
He reached a financial settlement with the University for an undisclosed amount in the spring of 2006, a year before entering into the confidential agreement, which spokespersons for Duke said they will fight to uphold.
"Mr. Pressler, aided by his attorney, reached a fair and final financial agreement with Duke University in the spring of 2007," University Counsel Pam Bernard said. "We are disappointed that he is now trying to undo that agreement with an unfounded claim against Duke. We will address the matter through the legal process and insist on honoring our existing agreement."
The suit specifically cites comments made by John Burness, senior vice president for public affairs and government relations, that were made to Newsday April 9, 2007, and to The Associated Press June 7, 2007.
Pressler also claimed that the statements Burness made comparing him to John Danowski, who took over as head lacrosse coach July 2006, were in violation of the private arrangement.
"One of the things we certainly have come to understand in this case is that the coaches in general in each of our sports are responsible for the behavior of their teams," Burness told Newsday. "Danowski is night and day... As [President Richard Brodhead] said, 'This guy's a mensch. This guy gets it.'"
Burness' remarks breached a dependent part of the agreement-which will remain under seal-and should make it void, according to the suit.
Following his resignation, which broke a three-year employment contract that became effective July 1, 2005, Pressler was cited as saying he had trouble finding new work and that the case had caused considerable damage to his reputation.
He now coaches at Division II Bryant University in Rhode Island.
In addition to calling for an end to the confidential agreement, Pressler's suit also requested a jury trial for unspecified financial compensation for attorney and court costs, as well as further relief as specified by the court.
Attempts to reach Pressler and his attorney were unsuccessful, and Burness declined to comment on the matter.
Viewing Comments 1 - 10 of 23
barbra
posted 10/15/07 @ 9:00 AM EST
Go Coach!
Carl
Carl Langley
posted 10/15/07 @ 9:22 AM EST
I am hopeful that Coach Pressler will prevail in this lawsuit. It's about time that someone brought to heel these idiots like Burness. Burness had to be an idiot for running off at the mouth after a legal agreement was reached that required each side to avoid comment on the case. (Continued…)
Rich in ILM
Rich in ILM
posted 10/15/07 @ 9:53 AM EST
I rmember when Steven Marcus wrote this article for Newsday. I don't remember specific details but I do seem to remember that Marcus had some of the the facts wrong. (Continued…)
Hershel Parker
Hershel Parker
posted 10/15/07 @ 10:32 AM EST
Someone with a sense of irony says that Richard Brodhead in 2004 published a book called THE GOOD OF THIS PLACE: VALUES AND CHALLENGES IN COLLEGE EDUCATION. (Continued…)
Victim
posted 10/15/07 @ 10:46 AM EST
It's not like coach Pressler should bare any responsibility for his kids launching beer cans accross tailgate week in and week out for five years.
I mean yes, I was hit by one of the cans, but hey, it's not like the women's golf team has never thrown a beer can at fellow students who dared to walk through their section of tailgate. (Continued…)
Mr X
posted 10/15/07 @ 11:01 AM EST
according to the filing, Duke admits to terminating Pressler without cause.
I don't remember that being the party line when Coach Pressler was being run off. (Continued…)
George Washington
posted 10/15/07 @ 11:22 AM EST
One of the points that the LAX team apologists on this website have tried to make in defense of Pressler is that he did control his team and that he imposed appropriate punishments upon the players whenever they engaged in irresponsible conduct. (Continued…)
Massimo
posted 10/15/07 @ 11:53 AM EST
I guess his book didn't sell all that well.
Is he still at Bryant University waiting for a real school to give him another coaching break? Keep waiting Pressler and good riddance. (Continued…)
to amused
posted 10/15/07 @ 12:21 PM EST
isn't is you that shows your true colors, like all the other lacrosse fanatics, by resorting to personal attacks when posters disagree with you. you are not amused, just offensive. (Continued…)
The Reaper
posted 10/15/07 @ 12:22 PM EST
I think Pressler is suing the wrong party. If he is mad about losing his job, he should sue the captains of the LAX team, who organized the party and hired the strippers; the guys who made the racist comments overheard by the next door neighbor; and especially Ryan McFadyen, whose asinine email was a key factor showing that the team was totally out of control. (Continued…)
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