William Cubit Employment Contract

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EMPLOYMENT CONTRACT Subject to the terms and conditions hereof, the Board of Trustees of the University of Illinois ("University") hereby enters into this employment contract ("Contract") with William J. Cubit ("Coach") for the term February 1, 2013 ("Effective Date") through January 31, 2015 (said period, and any subsequent renewals or extensions thereof, shall hereinafter be referred to as the "Term"). 1. Description of Services. Coach is hereby employed by the University and is appointed to the position of Offensive Coordinator at the University of Illinois, Urbana-Champaign campus. Coach will serve in this capacity at the pleasure of the Director of Intercollegiate Athletics and the Chancellor. He will perform the duties set forth in this Contract, and shall report to the University's Head Varsity Coach- Football at the University of Illinois, Urbana-Champaign campus ("Head Football Coach"). During such appointment as Offensive Coordinator, Coach shall have the following duties and responsibilities: 1.1. Coach shall perform, on a full-time basis, any and all services and duties necessary or incidental to the position of Offensive Coordinator during a ten- month service period of each year of the Term hereof (said service period subject to change pursuant to University policies uniformly adopted and applied to coaching appointments, as may be modified from time to time) including, without limitation, (i) coaching, administering, and recruiting the team in a manner as to allow it to effectively compete in Big Ten Conference and National Collegiate Athletic Association ("NCAA") play, (ii) using maximum efforts to enforce and ensure compliance with the academic policies established by the University and any of its authorized agents including monitoring and encouraging the regular progress of student athletes on the Football team toward a degree and the enforcement of disciplinary rules, and (iii) other duties as reasonably requested by the Head Football Coach or the University. 1.2. NCAA, Big Ten and University Rules and Regulations. Coach agrees to abide by and comply with the constitution, bylaws and interpretations of the NCAA, Initialed Coach Wk..K... Comptroller

description

Employment contract for William Cubit

Transcript of William Cubit Employment Contract

Page 1: William Cubit Employment Contract

EMPLOYMENT CONTRACT

Subject to the terms and conditions hereof, the Board of Trustees of the

University of Illinois ("University") hereby enters into this employment contract

("Contract") with William J. Cubit ("Coach") for the term February 1, 2013 ("Effective

Date") through January 31, 2015 (said period, and any subsequent renewals or extensions

thereof, shall hereinafter be referred to as the "Term").

1. Description of Services. Coach is hereby employed by the University and is

appointed to the position of Offensive Coordinator at the University of Illinois,

Urbana-Champaign campus. Coach will serve in this capacity at the pleasure of the

Director of Intercollegiate Athletics and the Chancellor. He will perform the duties

set forth in this Contract, and shall report to the University's Head Varsity Coach­

Football at the University of Illinois, Urbana-Champaign campus ("Head Football

Coach"). During such appointment as Offensive Coordinator, Coach shall have the

following duties and responsibilities:

1.1. Coach shall perform, on a full-time basis, any and all services and duties

necessary or incidental to the position of Offensive Coordinator during a ten­

month service period of each year of the Term hereof (said service period subject

to change pursuant to University policies uniformly adopted and applied to

coaching appointments, as may be modified from time to time) including,

without limitation, (i) coaching, administering, and recruiting the team in a

manner as to allow it to effectively compete in Big Ten Conference and National

Collegiate Athletic Association ("NCAA") play, (ii) using maximum efforts to

enforce and ensure compliance with the academic policies established by the

University and any of its authorized agents including monitoring and

encouraging the regular progress of student athletes on the Football team toward

a degree and the enforcement of disciplinary rules, and (iii) other duties as

reasonably requested by the Head Football Coach or the University.

1.2. NCAA, Big Ten and University Rules and Regulations. Coach agrees to abide

by and comply with the constitution, bylaws and interpretations of the NCAA,

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and all NCAA, Big Ten Conference and University policies, rules and

regulations (collectively referred to as "Governing Rules"). He will also use

maximum efforts to ensure compliance with the Governing Rules by student

athletes participating in the football program. In the event that the Coach

becomes aware, or has reasonable cause to believe, that violations of Governing

Rules may have taken place by student athletes in the football program or by

football program employees, he shall report it promptly to the University's

Director oflntercollegiate Athletics ("Athletic Director"). The Coach shall

cooperate fully with the University in efforts to establish, educate, investigate

and enforce the Governing Rules for the University's football program ("Football

Program" or "Program").

1.3. If the NCAA or the University determines that the Coach violated NCAA rules

and regulations, whether while employed by the University or during prior

employment at another NCAA member institution, in addition to disciplinary or

corrective action that may be taken directly by the University in accordance with

its policies, as may be amended from time to time, the Coach shall be subject to

disciplinary or corrective action as set forth in the provisions of the NCAA

enforcement procedures. The Coach may be suspended for a period of time,

without pay, or the employment of the Coach may be terminated as provided in

Section 3.2 of this Contract if the University determines that the Coach has been

involved in deliberate or serious violations of: (i) NCAA rules and regulations,

whether prior to or after the Effective Date and/or (ii) Big Ten Conference rules

and regulations after the Effective Date.

1.4. During his appointment as Offensive Coordinator, Coach also shall be available

for radio and television appearances, as well as educational, public relations,

consulting and promotional events, as reasonably requested by the University,

including Football clinics, scheduled in cooperation with University's supplier of

Football shoes and apparel. Radio and television appearances may include, but

are not limited to, pre- and post-game appearances, weekly radio and television

shows.

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1.5. Coach agrees that the University has the exclusive right to any and all of the

services described above (collectively the "Services") and that the Services, and

any performance similar to the Services, shall comply with Section 6 of this

Contract.

1.6. Coach recognizes that as Offensive Coordinator, he is a highly visible

representative ofthe University of Illinois and that his actions and conduct reflect

upon the reputation, integrity, and credibility of the institution and the Coach.

Therefore, Coach understands that he must conduct himself in a manner, which

will advance and not detract from the integrity, credibility, or reputation of the

University or the Coach, or violate University policies.

1.7. Coach agrees that during the Term of this Contract, he will honor and follow any

shoe or apparel contractual requirements concerning the wearing and using of

exclusively provided apparel, and he will not take actions incompatible with any

such contract(s).

2. Compensation and Benefits

2.1. As compensation for the Services performed under this Contract, Coach shall be

paid a base salary ("Base Salary") of $250,000.00 per year which shall be

payable in twelve (12) equal monthly installments in accordance with the

University's normal payroll procedures as may be modified from time to time.

As used in this Contract, the term "Contract Year" is defined to mean the twelve

(12) month period commencing February 1 and ending the following January 31.

Beginning February 1, 2014 and in each Contract Year thereafter, the Athletic

Director may increase Coach's Base Salary, based upon the Head Football

Coach's recommendation and evaluation of Coach's performance and

contribution to the accomplishments of the Football Program for the preceding

year.

2.2. University shall also pay Coach additional compensation ("Additional

Compensation") of$150,000.00 annually, payable in twelve (12) equal monthly

installments, in accordance with the University's normal payroll procedures as

may be modified from time to time, for radio, television, educational, public

relations, consulting and promotional activities for which Coach's participation is

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required pursuant to Section 1.4 of this Contract. Beginning February 1, 2014

and in each Contract Year thereafter, the Athletic Director may increase Coach's

Additional Compensation, based upon the Head Football Coach's

recommendation and evaluation of Coach's performance and contribution to the

accomplishments of the Football Program for the preceding year.

2.3. Fringe Benefits

2.3.1. The Coach shall receive a department issued mobile phone or stipend and

shall have access to a dealer car or stipend, all in accordance with the policy

established by the Division oflntercollegiate Athletic ("DIA''), as may be

modified from time to time.

2.3.2. The Coach shall be entitled to use tickets to athletic events in accordance

with DIA policy, as may be modified from time to time.

2.3.3. The Coach shall be entitled to the benefits of employment of the

University and the State Universities Retirement System ("SURS") as they

apply to an employee of his classification and as they may be modified from

time to time by the University or the SURS.

2.3.4. Applicable taxes shall be withheld on all taxable fringe benefits.

2.4. If the University football team appears in a bowl or Conference championship

game immediately following the conclusion of a regular season tlmt occurs

during a Contract Year, and Coach serves as a coach for that game, the Coach

will be eligible for and will be paid a specified percentage of Base Salary in

accordance with the DIA's Football Coaches' Incentive Program schedule

attached hereto as Attachment A. The University shall pay the amount earned by

Coach for the Contract Year pnrsuant to the Football Coaches' Incentive

Program schedule no later than thirty (30) days after the relevant game is played.

3. Termination

3.1. Termination Without Cause

3.1.1. The parties agree that the Athletic Director and Chancellor are authorized

to terminate Coach's employment under this Contract without cause prior to

expiration of the Term upon written notice provided by the University. If

the University exercises this right, then (in addition to any compensation

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otherwise accrued by but not yet paid to Coach under this Contract), it will

pay Coach, subject to the mitigation requirement of Section 3.1.2 below, an

amount equal to the Base Salary and the Additional Compensation owed by

the University to Coach for the remaining period of the Term as liquidated

damages in lieu of other damages. The University will make such payment

to Coach in equal monthly installments over the remaining Term.

3.1.2. The Coach is required to mitigate the University's obligations under

Section 3 .1.1. by making reasonable efforts to obtain other football related

employment or compensation for football related services as soon as

possible following such termination. If Coach does obtain such other

employment or compensation for services, he shall immediately provide

written notice to the University and the monthly amounts paid by the

University will be reduced by the amount of the salary in such new

employment or engagement.

3.1.3. Full payment by the University in accordance with the provisions of this

Section 3.1, and acceptance of such full payment by Coach, will constitute a

full release of any claim relating to such termination that Coach might

otherwise assert against the University, or any of its trustees, representatives,

agents, or employees.

3.1.4. Except for the obligation to pay to Coach the amount set forth in Section

3.1.1., if the University terminates Coach's employment without cause as

specified in Section 3.1.1., all obligations of the University (to the extent not

already accrued) to Coach shall cease as of the effective date of such

termination. In no case shall the University be liable for the loss of any base

salary, additional compensation, bonus payments, incentive payments,

deferred compensation, collateral business opportunities or any other

benefits, perquisites, or income resulting from activities such as, but not

limited to, camps, clinics, media appearances, television or radio shows,

apparel or shoe contracts, consulting relationships or from any other sources

that may ensue as a result of the University's termination without cause of

Coach's employment under this Contract.

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3.1.5. All obligations of Coach under this Contract or otherwise associated with

his employment by the University shall cease as of the effective date of such

termination under this Section 3.1.

3.2. Termination for Cause. The University has the right to terminate the

employment of Coach for cause in the event of any of the following:

3.2.1. Failure of Coach in any material respect to perform the Services required

under this Contract, or breach in any material respect of any of Coach's

material duties or obligations under this Contract, and such failure continues

for a period of thirty (30) days following receipt of a written notice from the

University of such failure or breach. The University shall not be required to

provide an opportunity to cure under this section if the breach is such that it

cannot be cured.

3.2.2. Coach's conviction of or a plea agreement to any felony or any criminal

offense involving fraud, harassment or moral turpitude; or Coach's

commission of any act which results in a material injury to the reputation of

the University.

3.2.3. Conduct of Coach which offends public decency or morality as shall be

determined by the standards prevailing in the community.

3.2.4. Any serious act of knowing misconduct by Coach, including, but not

limited to, a substantial act of dishonesty, theft or misappropriation of

University property, moral turpitude, insubordination, or injuring, abusing,

or endangering others, which in the sole judgment of the University

substantially impairs Coach's ability to provide effective leadership or

perform the Services under this Contract.

3.2.5. The NCAA, the Big Ten Conference, or the University determines that

Coach has committed a deliberate or major violation of the Governing Rules,

has intentionally committed any other deliberate or major violation of the

Governing Rules pursuant to Sections 1.2 or 1.3 of this Contract, or that a

major violation of the Governing Rules has occurred within the Football

Program during the Term of this Contract and such violation occurred as a

direct result of the Coach's actions or inactions.

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3.2.6. Failure to promptly report to the Athletic Director a violation of the

Governing Rules by himself, the Head Football Coach, an assistant football

coach, football staff member, student athlete who is a member of the football

team, or other representative of the University's athletic interests of which

Coach had actual knowledge or, in his capacity as Offensive Coordinator,

should have reasonably known.

3.2. 7. Fraud, dishonesty or willful malfeasance in the performance of any duties

or responsibilities under this Contract.

3.3. Termination by Reason of Tim Beckman Resignation. The parties

acknowledge that Coach was recruited to work at the University by Head

Football Coach Tim Beckman. University and Coach agree that should Tim

Beckman resign or leave his employment with the University for any reason

other than his death or disability or termination by the University, Coach's

employment with the University shall terminate at the end of the Term of this

Contract or sixty ( 60) days after Tim Beckman resigns, or otherwise leaves his

employment with the University, whichever date occurs first. This provision

shall not apply if Tim Beckman resigns in exchange for a negotiated buyout.

3.4. If the University terminates Coach's employment for cause as specified in

Section 3.2, or by reason of Tim Beckman's leaving employment as specified in

Section 3.3, such termination shall be without liability to Coach, or any other

penalty. Specifically:

3.4.1. All obligations of the University to make further payments and/or to

provide any other consideration under this Contract or otherwise, except to

the extent already vested (i.e., earned but not yet paid), shall cease as of the

date of termination. In no case shall the University be liable to the Coach for

the loss of any base salary, additional compensation, bonus payments,

incentive payments, deferred compensation, collateral business opportunities

or any other benefits, perquisites, or income resulting from activities such as,

but not limited to, camps, clinics, media appearances, television or radio

show, apparel or shoe contracts, consulting relationships or from any other

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sources that may ensue as a result of the University's termination under

Section 3.2 or 3.3 of the Coach's employment under this Contract.

3.4.2. All obligations of Coach under this Contract or otherwise associated with

his employment by the University shall cease as of the effective date of such

termination under Section 3.2 or Section 3.3.

3.5. Termination by Coach

3.5.1. The Coach shall have the right to terminate this Contract for cause in the

event that the University breaches the compensation Section 2 ofthis

Contract and the University fails to cure such breach (if curable) within

thirty (30) days of the University's receipt of written notice from the Coach

detailing such breach.

3.5.2 Breach by Coach. Coach recognizes that his promise to work for the

University for the entire Term is the essence of this Contract to the

University. The Coach also recognizes that the University is making a

highly valuable investment in his continued employment by entering into

this Contract and that its investment would be lost if he resigns or otherwise

terminates his employment with the University prior to the expiration of the

Term. Accordingly, in the event Coach resigns or leaves employment with

the University, Coach shall pay to the University, in lieu of all other

remedies, liquidated damages as follows:

(i) If such resignation or cessation of employment occurs prior to

the completion of the 2013 football season, including any post-season

games, Coach shall pay to the University liquidated damages in the

amount of $40,000 ($80,000 if Coach accepts employment at the

collegiate level with another member of the Big Ten Conference prior to

completion of the 2013 football season) or

(ii) If such resignation or cessation of employment occurs prior to

the completion of the 2014 football season, including any post-season

games, Coach shall pay to the University liquidated damages in the

amount of $20,000 ($40,000 if Coach accepts employment at the

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collegiate level with another member of the Big Ten Conference prior to

completion of the 2014 football season).

The liquidated damages payment shall be paid in one lump sum within sixty

(60) days after the Coach's resignation or departure, unless otherwise agreed

by the parties. Upon receipt of the payment, the University shall be deemed

to have released the Coach, his agents, family, heirs and assigns from any

claims or actions related to such resignation. Notwithstanding the foregoing,

Coach shall have no obligation to pay the liquidated damages required by

this section if he either: 1) resigns or leaves his employment at any time to

become a head football coach at the collegiate level outside of the Big Ten

Conference or a coordinator or head football coach at the professional level,

or 2) leaves after completion of the 2014 football season.

3.5.2. The parties acknowledge that the University will incur administrative,

recruiting and resettlement costs, and the possible loss of other revenues

which damages are difficult to determine with certainty. Accordingly, the

parties agree to the liquidated damages provision of Section 3.5 .2. All other

liabilities of the parties shall cease effective the date of termination,

provided, however, that the Coach shall be entitled to any Base Salary or

Additional Compensation which was earned or accrued prior to Coach

giving notice of resignation or Coach leaving his employment with the

University, as applicable.

3.6. Disability, Death, or Inability. This Contract will terminate automatically upon

the Coach's death or disability (which for purposes of this section shall mean the

Coach is unable to engage in any substantial gainful activity by reason of any

medically determinable physical or mental impairment which continues for at

least six ( 6) consecutive months and can be expected to result in death or can be

expected to last for a continuous period of not less than 12 months). If the

University or the Coach terminates this Contract due to disability or for any other

reason beyond his control (e.g. severe family or personal issues that make it

impossible for the Coach to continue his employment), Coach shall have no

liability whatsoever to the University as a result of such termination. All

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(

obligations of the University to make further payments and/or to provide other

consideration, under this Contract or otherwise, except to the extent already

vested (i.e., earned but not yet paid), shall cease immediately in the event such

death or disability occurs.

3. 7. Conflict of Terms. The provisions for termination and notice rights contained in

Section 3 of this Contract supersede the termination and notice requirements

contained in the University Statutes that generally apply to coaches or other

University employees. To the extent there exists a conflict between the terms of

this Contract and the terms of Coach's "Notification of Appointment" issued

pursuant to University Statutes and policy, then the terms of this Contract shall

control.

4. Other Terms and Conditions

4.1. This Contract is subject to applicable policies, terms and conditions of

employment of the University and SURS, as they may be modified from time to

time by the University or SURS.

4.2. University Property. Not later than the effective date of termination or

expiration of this Contract, Coach shall return to the University any University

issued automobile, equipment, cash advance, credit cards, telephone calling

cards, University keys and other items, unless otherwise agreed to in writing by

the University. Coach agrees that the University may deduct the value of any

and all such un-returned items from his final University payroll check or other

payment owed to Coach.

5. Assignment. Coach acknowledges that the Services to be rendered by him hereunder

are unique and personal. Accordingly, neither this Contract nor any right, duty,

interest or claim herein shall be assigned or transferred by Coach, except as expressly

authorized in writing by the University.

6. Outside Activities and Income

6.1. Coach agrees that he will not personally or through any agency actively seek,

negotiate for, or accept other full-time or part-time commitrnent(s), whether in

the form of an employment contract, sponsorship, business involvement of any

natnre, endorsements, or charity work during the Term without first having

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obtained the written permission of the Athletic Director or designee, which shall

not be unreasonably withheld, conditioned or delayed.

6.2. Coach shall annually report, through the Athletic Director or designee to the

Chancellor and President of the University, all income and benefits in any way

related to athletics, or which arise out of his status as Offensive Coordinator,

received from sources other than the University, including, without limitation,

income from annuities, sports camps, housing benefits, television and radio

programs, and endorsement or consultation contracts with athletic shoe, apparel

or equipment manufacturers.

7. Compliance. Coach shall comply with all laws, statutes, regulations, rulings, rules or

enactments that are applicable to the Services described in this Contract. Coach shall

comply with, and this Contract shall be subject to, any and all laws, rules, rulings,

regulations and enactments governing the University including, without limitation,

those of the NCAA and Big Ten Conference.

8. Governing Law and Immunities

8.1. All questions concerning the construction, validity, and interpretation of this

Contract will be governed by the laws of Illinois.

8.2. It is expressly agreed and understood between the parties that the University is an

instrumentality of the State of Illinois and that nothing contained herein shall be

construed to constitute a waiver or relinquishment by the University of its right to

claim such exemptions, privileges and immunities as may be provided by law.

However, the University will in no way use such exemptions, privileges and

immunities to negate any obligation assumed in this Contract.

9. Severabilitv. Whenever possible, each provision of this Contract will be interpreted

in such manner as to be effective and valid under applicable law, but if any provision

of this Contract is held to be invalid, illegal or unenforceable in any respect under any

applicable law or rules, such invalidity, illegality or enforceability will not affect any

other provision hereof, but this Contract will be reformed, construed and enforced as

if such invalid, illegal or unenforceable provision had never been contained herein.

10. Liabilitv for Payment. The University assumes no liability for payment beyond the

availability of its annual appropriation, but when its annual appropriations are

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deficient, the University agrees to give Coach notice of said fact, and agrees that

Coach has the right to terminate this Contract immediately in the event of such an

occurrence.

11. General Provisions

11.1. No waiver by the parties hereto of any default or breach of any covenant,

term or condition of this Contract shall be deemed to be a waiver of any other

default or breach of this same or any other covenant, term or condition contained

herein.

11.2. Except as otherwise provided herein, this Contract shall not be amended

except by written instrument duly executed by each of the parties hereto. Any

and all previous agreements and understandings between or among the parties

regarding the subject matter hereof, whether written or oral, are superseded by

this Contract.

11.3. Coach acknowledges that he has been given a reasonable period of time to

review and consider the terms of this Contract and has been encouraged to

consult with an attorney concerning the terms of the Contract. The parties to this

Contract hereby certify that they have each read this Contract and understand all

of its terms. The parties each certify that they execute the Contract voluntarily

and with fulllmowledge of its significance. In any construction of the terms of

this Contract, the same shall not be construed against either party on the basis of

that party being the drafter of such terms.

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IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS CONTRACT AS OF THIS DAY OF , 2013.

UNIVERSITY: THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS

COACH:

By:~ "(/r~r~~ Comptroller date

~-~-- f(s-(/3 William J. Cuo1 Date

APPROVED:

~~ r.~·u Michael Thomas Date Director of Intercollegiate Athletics

APPROVED AS TO LEGAL FORM:

ty Counsel

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Attachment A

University of Illinois at Urbana-Champaign Division of Intercollegiate Athletics

FOOTBALL COACHES' INCENTIVE PROGRAM

Incentive Allotments

The following indicates head coach and assistant coaches' eligibility for incentive payments at the University of Illinois at Urbana-Champaign. These amonnts are not cumulative and coaches shall be entitled to only the greater of any applicable incentive payment.

Achievement

Non-BCS Bowl Game

Big Ten Championship Appearance plus

Non-BCS Bowl Game

BCS Bowl Game

Big Ten Championship Appearance plus

BCS Bowl Game

(Effective as of February 2012)

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Incentive (%of Base Salary)

Eight Percent (8%)

Twelve Percent (12%)

Sixteen Percent (16 %)

Twenty Percent (20%)

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NOTIFICATION OF APPOINTMENT

University of Illinois

Board of Trustees

352 Henry Administration Building

Urbana, Illinois 61801-3640

Generation date: 09/16/2015

Name/Home Unit:

Cubit, William J

Division of Intercollegiate Athletics (DIA)

Bielfeldt Athletic Administration Bldg

1700 S Fourth

M/C - 658

UIN: Campus: Urbana - ChampaignEmployee Class: Athletics Year-Round Service Ben EligHome Unit: 1/336000 - Intercollegiate Athletics

This confirms your appointment to the following position(s) for the pay, periods and other conditions indicated, subject to all immigration laws and other eligibilityrequirements for employment, and subject to approval by the Board of Trustees. It is valid only if based upon the actual acquisition of required credentials uponwhich the appointment is based. If the start date for the Period of Payment is later than the Generation Date of this document, approval by the Board ofTrustees is still pending. Annual reappointments with a Period of Payment start date of August 16 are traditionally submitted to the Board of Trustees forapproval at the September meeting.

JOB: U86399-00 Org Code/Campus/Name: 336000/Urbana - Champaign/ Intercollegiate Athletics

Title FTE Service BasisPeriod of Payment

Begin EndSalary

ASSOC HEAD CCH/OFFENS COORD 100% Athletics Year-Round 02/01/2015 01/31/2016 $257,500.00 A

JOB: U86399-01 Org Code/Campus/Name: 336000/Urbana - Champaign/ Intercollegiate Athletics

Title FTE Service BasisPeriod of Payment

Begin EndSalary

ASSOC HEAD CCH, OFFENS COORD 0% Athletics Year-Round 02/01/2015 01/31/2016 $257,500.00 A

JOB: UB1632-00 Org Code/Campus/Name: 336000/Urbana - Champaign/ Intercollegiate Athletics

Title FTE Service BasisPeriod of Payment

Begin EndSalary

INTER HD VAR CCH, FB-DESIGNATE 0% Athletics Year-Round 09/01/2015 12/31/2015 $100,000.00 M

• This appointment is made subject to all applicable laws and to the University of Illinois Statutes, the General Rules Concerning University Organization andProcedure and other actions of the Board of Trustees. These policies are subject to change from time to time and the most updated version of the policies isapplicable. In the event of error, the Board of Trustees reserves the right to correct such error and issue a corrected Notification of Appointment. It is theresponsibility of all University of Illinois employees to comply with the provisions of the State Officials and Employees Ethics Act of the State of Illinois; time notspent on official business of the University must be reported by employees as exception time. Exceptions may include sick leave, vacation leave and otherappropriately approved leaves as specified by campus and University policies.

• The amount appearing in the "Salary" column is the gross annual (A) or monthly (M) compensation of the appointee for services required during a fullappointment year or monthly period, whether payable in the form of salary, earnings, purchases of annuity contracts, or in any other manner authorized orrequired by law. In the case of appointments where service is required for less than a full appointment year or monthly period only a proportionate amount ofthe "Salary" will be payable on the basis of the period of payment indicated in proportion to a full appointment year or month. For example, an appointment forone semester of an academic year is compensated at approximately one-half of the annual "Salary" rate.

• If determined that an employee has been excluded from participation in Federal or State Health Care Programs because of having engaged in fraud, abuse ormisconduct as well as any other mandated governmental exclusion listing, the employee is subject to immediate dismissal without notice.

• Falsification of information on a job application or credential materials may result in immediate dismissal.

• As of August 9, 2011, the Explanation of Service Basis, Standard Period of Service and Periods of Payments can be found athttps://nessie.uihr.uillinois.edu/pdf/personal_info/ExplanationofServiceBasis.pdf If this link is no longer available, the terms in effect for this NOA can befound at the internet location where this document is viewable.

• Athletics Year-Round Service: Service is required on a year-round basis during specified period of payment. Fifteen personal paid leave days are provided onan annual basis, pro-rated in the event of a partial year's service period, in lieu of any other University vacation benefits. These personal days are non-accruable and non-compensable at time of separation from the University or in the event of appointment change to a different service basis. Use of personalpaid leave days must be requested in advance by employee request and approved by the supervisor. Other paid leave days are: University/Campusdesignated holidays; floating holidays per campus guidelines; and eligibility for paid sick leave per University guidelines.

Page 21: William Cubit Employment Contract

• An asterisk (*) symbol following the Job number indicates that all or a portion of this appointment is made on the condition that employment and payment iscontingent upon receipt of funds. For appointments made "subject to receipt of funds" (such as those from grants or contracts), the University reserves theright to terminate the appointment prior to the Period of Payment End Date if the grant(s) or other source of funding for the position has ended. For suchappointments, the University reserves the right to terminate the appointment prior to the Period of Payment End Date if the grant or source of funds for theposition becomes unavailable, and will provide prior notice, if applicable, in accordance with the notice periods set forth in Article IX(11)(b)(2) of the Universityof Illinois Statutes. If an asterisk (*) symbol does not appear next to the Job number on this Notification of Appointment, your appointment is not subject to thereceipt of funds and not subject to earlier termination based on the loss of such funding.

Regardless of past source of funds supporting the position(s) above, presence or absence of the * symbol indicating "subject to receipt of funds" indicatesfunding status as of the generation date of this Notification of Appointment.

For an academic professional employee who is entitled to notice of nonreappointment and whose position is supported by multiple sources of funds, calculationof minimum length of notice of nonreappointment will be based on the relevant funds for the portion of the appointment for which a notice of nonreappointmentis issued, or on the predominant source of funds in the case of elimination of the position.

• Unless you notify your unit(s) to the contrary within 30 days of the Generation Date of this document, your acceptance of this appointment will be presumed. Ifyou have questions regarding your appointment, please contact your unit office.

U86399-00 Effective: 02-01-2015 INTERCOLLEGIATE ATHLETICS - MULTI-YEAR CONTRACT

U86399-00 Effective: 02-01-2015 TERMINATION OF THIS APPOINTMENT IS SUBJECT TO PROVISIONS OF THE EMPLOYMENT AGREEMENT FORMULTI-YEAR APPOINTMENT IN EFFECT AT THE TIME OF SUCH ACTION.

U86399-00 Effective: 08-16-2015 INTERCOLLEGIATE ATHLETICS - MULTI-YEAR CONTRACT

U86399-00 Effective: 08-16-2015 TERMINATION OF THIS APPOINTMENT IS SUBJECT TO PROVISIONS OF THE EMPLOYMENT AGREEMENT FORMULTI-YEAR APPOINTMENT IN EFFECT AT THE TIME OF SUCH ACTION.

U86399-00 Effective: 08-16-2015 THIS APPOINTMENT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS PER ADDITIONAL EMPLOYMENTAGREEMENT IN EFFECT DURING ALL OR A PORTION OF THE SERVICE PERIOD STATED ON THIS NOTIFICATION OF APPOINTMENT.

APPOINTMENT IN THE DIVISION OF INTERCOLLEGIATE ATHLETICS IS SUBJECT TO ADDITIONAL TERMS OF EMPLOYMENT, DIVISION OFINTERCOLLEGIATE ATHLETICS, UIUC LOCATED AT https://nessie.uihr.uillinois.edu/pdf/personal_info/DIA_UIUC.pdf.