Two different systems.

Go back a game and see if the pitching makes sense.

TexasRebel said:

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Go back a game and see if the pitching makes sense.

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Don't lower yourself to him. If he doesn't see what happened already, there's no point

1939 said:

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What law was broken? coaches leave all the time.

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If it can be proven that he recruited current A&M players to tu while being employed as the A&M coach, in addition to NCAA violations, he likely breached his contract with A&M, making it an actionable civil case.

PA24 said:

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Drum5343 said:

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kharrell said:

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So are you guys saying you have to quit your current job before negotiating for a new job? That's not how life works.

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Is it ethical or legal for the CEO of a large company to secretly work deals out with that company's biggest competitor? Especially ones that will have large negative impacts on his current employer?

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Share holder issues with that scenario

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Probably contractual non-compete issues

kharrell said:

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So are you guys saying you have to quit your current job before negotiating for a new job? That's not how life works.

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No, but you start making sales for the new company before you end your time at the existing? Of competing products, much less?

Further, public employees cannot get burner phones to avoid oversight of their public data.

Sue the **** outta them. Force recruits, agents and so forth into the discovery process.

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It is 100 percent about a lawsuit for breaches and damages.

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3 things:

1)He did his job, along with his staff, and coached all the way through the series. No one is ever going to be able to claim, with actual evidence, that he was recruiting players to Texas on burner phones. So you have no case on "breach" whatsoever. He would immediately lean on his recruiting efforts up until the very end, and that he had his team within 1 run of winning a title, so you'll NEVER have a chance to say he wasn't doing his job.

2)"Damages" must be proven. You are never going to say that we lost revenue, or anything of the sort, if we win fewer baseball games next year and fan support dwindles. CWS series got to the top of the mountain, then fail to make it back, all the time. Players transfer all the time (including plenty into our program that got us into the CWS).

3)There isn't a contract in the world that says you can't talk to your buddy on the phone. Calls aren't recorded. And if phone records were subpoenaed, you could find countless times that Schloss and CDC talked on the phone, which didn't lead to him taking a job there (through 2021-2023), so you'll never get something.

Lola68 said:

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You don't sue tu, you sue schloss. If he's all about the money, take it from him. At least what A&M paid him.

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Exactly. Send a message. Make an example.

Slicer97 said:

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1939 said:

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What law was broken? coaches leave all the time.

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If it can be proven that he recruited current A&M players to tu while being employed as the A&M coach, in addition to NCAA violations, he likely breached his contract with A&M, making it an actionable civil case.

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I don't see why he would have to have recruited players to his new job. Seems like it ought to be against his contract to be actively recruiting players even to Texas A&M when he knows that he is leaving for one of our biggest competitors. There's no way he can objectively pursue Texas A&M's interests when they are in direct conflict with his own interests and those of his soon-to-be-employer.

If there's not a solid clause in his contract around this that's egg on the face of our admin and legal team.

TAMUallen said:

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1939 said:

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What law was broken? coaches leave all the time.

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Are we talking the same thing here?

tu officially fires coach the day of our national championship game. Less than 24 hours later, they hire our coach who chastised a reporter who asked him about leaving.

Coaching contracts and leaving for a rival, where your friend is the AD, don't suddenly happen in less than 24 hours after losing the national championship

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He's coward. But its not illegal to talk to a potential employer while still employed with someone else.

Maybe if there was something in his contract with us that he violated, but nobody is saying there is. I'm sure the contract is public record.

What do you mean no one will be able to produce evidence with burner phones?

My first reaction is that this is like Sumlin hiring Chavis from LSU. Alleva, then LSU AD, had an emotional reaction to that and filed suit.

Need some more investigation to make a determination if a legit cause of action is there. Right now, no, I don't think so.

twk said:

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I can save you time for another reason: sovereign immunity. You won't get anywhere trying to sue a subdivision of the state of Texas. Ask the late Mike Leach.

FOIA requests and such, OK. But the idea of any kind of tort claim is a complete waste of time. Forget about it.

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You can name the school in the suit if you wish. But you go after the athletic department which is NOT a political subdivision and you go after their NIL collective. There's smoke that it all started with their NIL group and if there's fire behind that smoke then I'd think (not a lawyer) there could be some potential contract violation at play. Especially if he and staff were actively recruiting for tu the last 2+ months of the season.

I think we ought to press charges just to make tu and Schloss think twice before they do it again. I am no lawyer. And I doubt we will win. But drag them through the mud.

First, I don't think a lawsuit will happen. Really not enough to gain from it. That said ...

As others have noted, A&M was so close to winning the CWS that it would be tough to make the case he intentionally sabotaged the team. And a contest like that doesn't have guaranteed outcomes, so even if Schloss was trying his best to win out, there's no guarantee he would have.

If there's any concrete evidence that he used A&M money (or anything purchased with A&M money) to recruit for UT, then I think there could be grounds for a case.

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Next question does any of it matter? He went from being an employee of the State of Texas to being an employee of the State of Texas. Seems like that might give him immunity for ANYTHING he did that isn't an NCAA violation.

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The university wouldn't be suing UT. It would be suing Schloss directly, which is a little different.

panhandlefarmer said:

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Some of you people run after you get punched in the face.

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Hey. If there's something there to grab onto I'm all for it. I just doubt there is. However, js didn't have the wherewithal to answer the question on Monday without melting down. So maybe.......

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Further, public employees cannot get burner phones to avoid oversight of their public data.

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Here's where you're going to lose- there is no rule that says that a coach cannot have a personal cell phone. And that he cannot use that to communicate with agents.

As long as he is not talking to players or recruits directly, then he can talk to whoever he wants on his personal cell.

ALL of this stuff goes through intermediaries now. There's not a single thing in the world that the NCAA could ever do to stop that. You can tell a coach he can't contact a player/recruit in certain ways.

But you could never tell him that he can't talk to whatever agents he wants, because that could be about anything. And the NCAA could never define who an "agent" is.

3 things:

1)He did his job, along with his staff, and coached all the way through the series. Response: Not all employees have the same standards. Executives are held to a different, higher standard. Showing up for work isn't fulfilling your job responsibilities.

2)"Damages" must be proven. Response: This is easy. Auditors, Experts, etc. can testify to the championship bump based on Prior Championship.

3)There isn't a contract in the world that says you can't talk to your buddy on the phone.: Response: it is not about taking a new job. It is about not fulfilling your legal responsibilities when economic consequences are at hand. I have a load of legal responsibilities to my clients. I have to disclose or avoid conflicts of interest. I must operate in their best interest only. Key executives are no different. Coach Schloss was the CEO of the baseball enterprise. He breached his responsibilities to his employer.

***Lastly, this isn't about whether you are convinced... It is about whether a world-class litigator could convince a jury in Brazos County!!!

bizag07 said:

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Quote:

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It is 100 percent about a lawsuit for breaches and damages.

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3 things:

1)He did his job, along with his staff, and coached all the way through the series. No one is ever going to be able to claim, with actual evidence, that he was recruiting players to Texas on burner phones. So you have no case on "breach" whatsoever. He would immediately lean on his recruiting efforts up until the very end, and that he had his team within 1 run of winning a title, so you'll NEVER have a chance to say he wasn't doing his job.

2)"Damages" must be proven. You are never going to say that we lost revenue, or anything of the sort, if we win fewer baseball games next year and fan support dwindles. CWS series got to the top of the mountain, then fail to make it back, all the time. Players transfer all the time (including plenty into our program that got us into the CWS).

3)There isn't a contract in the world that says you can't talk to your buddy on the phone. Calls aren't recorded. And if phone records were subpoenaed, you could find countless times that Schloss and CDC talked on the phone, which didn't lead to him taking a job there (through 2021-2023), so you'll never get something.

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Who are you exactly? You've stated on other threads you've spent time in Schloss's home in Fort Worth. And you seem to be actively trying to take up for him/manage his PR on multiple posts. Are you one of his adult kids? His girlfriend? You aren't an aggie, that's for sure.

If the stuff that Brauny was tweeting about is true, would that be grounds for legal action? Assuming he was recruiting for Texas while employed at A&M

As is usual with stuff like this, more intel starts leaking after the fact.

Everything we’ve been able to track down and have been sent today (including screenshots) would indicate this is even slimier than we previously anticipated.

— Ryan Brauninger (@R_Brauninger) June 26, 2024

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Who are you exactly? You've stated on other threads you've spent time in Schloss's home in Fort Worth. And you seem to be actively trying to take up for him/manage his PR on multiple posts. Are you one of his adult kids? His girlfriend? You aren't an aggie, that's for sure.

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I haven't taken up for Schloss. I refuted his narrative that he "left his family" to take the A&M job, saying I knew that wasn't true.

I also have the savvy enough to know that A&M has no legal standing in any way shape or form to sue him into oblivion.

Just because I'm rational, and don't dive into angry mob BS, and will explain when it's absolutely factually incorrect doesn't make me not an Aggie.

I absolutely despise Schloss, for the record. I just know we can't sue him.

bizag07 said:

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Quote:

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Who are you exactly? You've stated on other threads you've spent time in Schloss's home in Fort Worth. And you seem to be actively trying to take up for him/manage his PR on multiple posts. Are you one of his adult kids? His girlfriend? You aren't an aggie, that's for sure.

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I haven't taken up for Schloss. I refuted his narrative that he "left his family" to take the A&M job, saying I knew that wasn't true.

I also have the savvy enough to know that A&M has no legal standing in any way shape or form to sue him into oblivion.

Just because I'm rational, and don't dive into angry mob BS, and will explain when it's absolutely factually incorrect doesn't make me not an Aggie.

I absolutely despise Schloss, for the record. I just know we can't sue him.

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This. All the jailhouse lawyers need to give it up.

Maybe there is an NCAA violation out there if someone Schloss approached about following him to t.u. turns on him and talks about the timing, but I wouldn't hold my breath.

If there's any evidence to the burner phone stuff, that needs to come out ASAP. If nothing else it will fuel my righteous indignation.

twk said:

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bizag07 said:

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This. All the jailhouse lawyers need to give it up.

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i guess now would be as good a time as any to explain to them what the Logan Act is and how inconsequential its been for entities that are much more powerful than college athletics.

America is such a great country, anyone can sue anyone. Doesn't mean you will win, but you can sue, and take depositions, and partake in written discovery...

twk said:

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I can save you time for another reason: sovereign immunity. You won't get anywhere trying to sue a subdivision of the state of Texas. Ask the late Mike Leach.

FOIA requests and such, OK. But the idea of any kind of tort claim is a complete waste of time. Forget about it.

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Any lawsuit with any hope of not swiftly ending up in a trash can would be Texas A&M suing Schlossnagle for breach of contract.

So no sovereign immunity issue there.

But this is all pretty silly at this point, although I wouldn't doubt John Sharp, populist politician that he is, has his best crack lawyers looking into something.

Slicer97 said:

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1939 said:

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What law was broken? coaches leave all the time.

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If it can be proven that he recruited current A&M players to tu while being employed as the A&M coach, in addition to NCAA violations, he likely breached his contract with A&M, making it an actionable civil case.

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I believe the first line of his contract reads:
"This Coach's employment agreement is made effective ___, by and among Texas A&M University, an agency of the State of Texas and a member of the The Texas A&M University System,"

So is his contract with A&M, the State, or both? If his "employer" didn't change, all they will have is potential NCAA violations. Conference definitely won't do anything about it.

Thanks to NIL and limitless transfers, all of college sports is now trash. BURN IT ALL DOWN

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If the stuff that Brauny was tweeting about is true, would that be grounds for legal action? Assuming he was recruiting for Texas while employed at A&M

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The coaching contracts are all pretty clear.

-"Perform the duties of a coach"
-"Don't break NCAA rules"
-"Don't have any criminal charges"

The NCAA rules are what govern the contact a coach has with a player at certain periods.

Those rules cannot tell a coach what conversations they can have with a player during in eligible period. They cannot tell a coach who else they can converse with outside that period.

So as long as Schloss is coaching baseball and working recruiting, he's "performing the duties of a baseball coach". And if we don't like the way he's doing it, we're paying a buyout.

Unless you can say he broke NCAA rules about permissible contact with an actual recruit/player, he can talk to whoever he wants.

Brauny is saying there is stuff coming to light, aka TA's relationship with Schloss, but he's not saying any of it was illegal/against NCAA rules.

Lawyers,

Can yall give us a standard open records request that we can submit? Any pointers or techniques without giving legal advice in a hypothetical situation/s?

You're forgetting the Texas A&M University System.

Gigem_94 said:

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If you sue then you are telling all prospective coaches that they may get sued too in the future. They won't take this job.

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What the hell kind of way is this to live?

"My wife cheated on me, but I don't want to divorce her, because other women might not like me for that."

Jesus Christ.

TAMUallen said:

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Lawyers,

Can yall give us a standard open records request that we can submit? Any pointers or techniques without giving legal advice in a hypothetical situation/s?

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(not a lawyer, but a general pain in the ass sometimes)

Here is the form from the attorney general
https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/open-government/Public-Information-Request-Form-10-01-19.pdf



But this was the template I usually started from

https://www.nfoic.org/texas-sample-foia-request/#:~:text=Dear%20%5Bcustodian%20of%20records%5D%3A,the%20public%20agency%20to%20respond.


[Your Name]
[Street Address]
[City, ST ZIP Code]
[Date]

[Name of Custodian of Records]
[Title]
[Company Name]
[Street Address]
[City, ST ZIP Code]

Dear [custodian of records]:
Under the Texas Public Information Act, Tex. Gov't Code 552.001 et seq., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for the public agency to respond. Be as specific as your knowledge of the available records will allow. But it is more important to describe the information you are seeking. You could include things like text messages, emails, audio files, written/printed documents, etc. The broader the scope, the more expensive it could be and also take longer to obtain]
If there are any fees for searching or copying these records, please inform me if the cost will exceed $______. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of ___________ [Here, you can identify yourself as a representative of the news media if applicable and state that your request is related to news gathering purposes. Or mention that it affects the financial dealings and expenses of two flagship public universities. Something like that] This information is not being sought for commercial purposes.

The Texas Public Information Act requires that you "promptly produce" the requested records unless, within 10 days, you have sought an Attorney General's Opinion. If you expect a significant delay in responding to this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request.

Sincerely,
[Your Name]
[Your Phone number]

PaulsBunions said:

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BudFox7 said:

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Save you some time. Although entertaining, nothing will happen to anyone.

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I don't see why it's not worth a discussion

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Because our athletic department is loaded with pu$$ies, who will do nothing about it.

twk said:

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well_endowed_ag said:

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If anybody has a copy of Schlossnagle's A&M contract, link me to it and I'll do an analysis of it.

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It's got a buyout provision contemplating him taking a new job.

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Of course it does. Thats only a small part of the equation.