That's a good report by SI, but while McCann is a lawyer he is not a practicing attorney who actually does litigation. In addition he is merely trying to interpret the contract instead of looking at the legal realities the way an attorney who was going to try the case would do.
I don't argue with his interpretation, but I see it differently in some respects.
I have no doubts Maryland could have fired him with cause if they had the stomach for it, but most of the time schools prefer to pay the money rather than face litigation. After all, it's not their money they are paying Durkin. It costs them nothing to pay him off and if they do it that way none of the suits in the athletic department or the administration have to testify under oath. No dirty little secrets will be exposed.
There is zero doubt he was supervising the strength coach and zero doubt the strength coach was reporting to him. That's the way it's done in every program in the country. Any attorney could put Durkin on the stand and make a complete fool of him if he denied it. And if you read those excerpts from the report it's clear Durkin knew about all these episodes even though Durkin claimed he couldn't recall or didn't remember or was never told, all the usual claims guys make when they actually did it but have been coached by an attorney.
Any competent attorney could disgrace Durkin under oath and any attorney could find written proof in memos, emails and texts. You can always find proof as the Ohio State and Baylor cases proved.
But just because the suits at Maryland prefer to use taxpayer funds to pay off a guilty coach does not mean it's a bad idea. It ends the episode for good and the University family can put it behind them and get on with the future.
But I would not just write Durkin a check. If the university had competent counsel--not a sure thing when you are dealing with a state academic institution--they had standard language in the contract that requires Durkin to seek other work and to make weekly reports of exactly what he did to seek work--who he called, who he wrote to, what responses he got, etc, etc--and the right to offset any income he receives from the amount owed.
So I would tell Durkin or his attorney 1 we will not pay it in a lump sum, we will pay it over five years or whatever the original length of the contract is, we want the weekly reports by 9 am the following Monday and we want precise reports, and if he misses the report we will consider the agreement suspended and no funds will be paid until he meets the terms, and put in all kinds of non-disclosure agreements to hold over his head if he decided he wanted to try and blame someone else.
Some schools do this and most pro teams do it, but some prefer to just cut ties and get the old coach out of their hair so people forget the whole episode.
That sounds like what Maryland did, but it doesn't mean they couldn't fire the slob for cause if they had wanted to.