An open records request granted by Wichita State has produced former coach Gregg Marshall's $7.75 million separation agreement from the university.
Marshall, who won more games than any coach in program history, resigned on Tuesday morning. It came at the end of a nearly three-month investigation launched by WSU to look into allegations that the coach physically and verbally abused players and staff members, as well as used demeaning language in personal, cultural and racial insults.
The university says it will not release the findings or evidence from the investigation, claiming they are confidential.
The separation agreement included standard non-disclosure and non-disparagement clauses, which means neither side can disclose any confidential information or say anything that might directly or indirectly harm the other party.
Also the document states the agreement does not constitute an admission by WSU "of any liability or unlawful conduct of any kind." There is no similar clause for Marshall in the agreement.
Marshall also forfeited his right to bring a lawsuit against the university based upon events that occurred before the separation agreement. He also forfeited his right to be employed by the university again and to use anything WSU-related in any personal service contracts for himself.
He has staunchly denied the allegations in public statements and did not acknowledge any wrongdoing in his public statement in WSU's press release announcing his resignation.
But lawyers think it is reasonable to assume that the $7.75 million settlement — just more than half of the $15 million buyout included in Marshall's contract if he was fired without cause — indicates that the investigation turned up evidence against Marshall, but not enough for WSU to feel like it was a slam-dunk case if it fired Marshall for cause and he in turn sued the school.
The separation agreement outlined how that $7.75 million will be delivered to Marshall over the next six years.
According to the agreement, Marshall's LLC, Marshall Hoops, will receive a $48,076.92 payment from WSU every two weeks, starting on Dec. 11, for the next six years, for a total of 156 payments and $7.5 million. The remaining $250,000 is being paid to Marshall in a lump sum.
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There is also no mitigation agreement, which is common in separation agreements. That means WSU still has to pay Marshall if the coach is hired by another program in the next six years.
The agreement also revealed that Marshall was allowed to meet with WSU's players at 9 a.m. Tuesday — about an hour before his resignation went public. According to the agreement, Marshall was allowed to "address reasons for resignation and say farewell to his players" but only on previously agreed-upon talking points from the administration that were included in the press release.
Other details of the agreement include that WSU will continue to pay for Marshall's club membership at Flint Hills National Golf Club and Crestview Country Club through Dec. 31, 2020. He has until Friday to return all WSU-issued property and he has until Dec. 16 to return his WSU-issued vehicle.
