Legal expert breaks down Bill Belichick and UNC's coaching contract and options for both sides

Andrew Fine breaks down the complexities of Bill Belichick's coaching contract with UNC, highlighting the challenges of firing him for cause due to the ambiguous definition of "lack of institutional control." Fine also discusses notable NCAA precedents and the specifics of Belichick's buyout clause, offering insight into how such high-stakes contracts are typically structured.
Posted 10/9/2025, 3:42:23 PM Updated 10/9/2025, 4:00:27 PM

What what what bar would UNC need to meet to

be able to fire Bill Be under his contract Under

Bill Belichick's contract they can fire him at any time

They would need to pay him $30 million if they

didn't fire him for cause

If they do fire him for cause they would need

to show that he you know committed some sort of

egregious act or that he was engaged in behavior that

constituted some sort of lack of institutional control

So the lack of institutional control part is what I

think people have been talking about because there's no other

grounds currently to fire him for cause under that contract

And again firing him for cause is the only way

to fire him and not have to pay him that

guaranteed $30 million

Absolutely

So so unpack that lack of institutional control

What does that really mean So lack of institutional control

is this sort of moving target that was developed or

not developed but it's been the basis for NCAA violations

and penalties in the past

When the NCAA determines that a school is doing something

that it shouldn't be doing under the rules the school

will then be accused of a lack of institutional control

and that gives way for the NCAA to institute major

penalties against the school like fines loss of bowl game

loss of scholarships things like that

A lack of institutional control typically is made up of

a lot of sort of lesser violations so you could

see a lot of like recruiting violations or a lot

of situations where players were getting impermissible benefits

But in the past it's typically been something that the

NCAA will raise as opposed to a school raising it

as a way to get out of a contract

Um so in this particular case in I'm sorry I

didn't mean to cut you off there

No please go ahead

OK

In Bill Belichick's contract there's a provision where they can

fire him for cause if there's a lack of institutional

control and it's unclear whether that means a finding of

a lack of institutional control by the NCAA or if

the school could simply allege that there has been a

lack of institutional control because of things that are going

on around the football program

So for instance If the school discovered that a large

number of athletes were receiving impermissible benefits or there was

some situation where the school was allowing violations to continue

recruiting violations player violations violation of school rules they could

allege a lack of institutional control and fire Bill Belichick

for cause

The problem is that it's unclear what a lack of

institutional control really means

And so any allegation that Bill Belichick had not met

that standard or that there was a lack of institutional

control in the program would likely be met by a

counterargument by Belichick that he He had not done these

things wrong and whatever he had done wrong or was

wrong in the program did not actually constitute a lack

of institutional control

And the problem is is that there's no set definition

of what it means

So the various things that we've seen come out in

the news about the program lately

Um I think there's an assistant coach who was giving

sideline passes to people and that was an impermissible benefit

There are allegedly players who are selling their tickets and

receiving impermissible benefits that way those two things combined would

not constitute a lack of institutional control historically speaking

The school could always allege that they do now and

it would be up to Coach Belichick to fight those

allegations if they wanted to go that route

But given the history of how that term has been

used and the things that have been used to constitute

a lack of institutional control I think it would be

a difficult case to make that those two violations if

you want to call them that constitute a lack of

institutional control on the part of Coach Belichick

So so give me a sense I mean you say

historically what has been lack of institutional control what have

we seen in the past Sure so um the big

examples that people point to are the Penn State case

where the coach Jerry Sandusky was alleged to have molested

several underage kids under over a vast number of years

and the USC case where Reggie Bush and uh OJ

Mayo were receiving impermissible benefits

And in both of those cases in the Sandusky case

it was alleged that he had engaged in this pattern

of behavior for a long time

There were people that had been whistleblowers who had come

forward and said you know this is going on

The school had done nothing about it

There was evidence that the school had covered it up

to protect Joe Paterno's legacy

And so all of those things combined ended up being

alleged to be a lack of institutional control

Now

At that point I believe Coach Paterno passed away and

the school basically agreed you know so there was no

fight there but those are the kinds of things that

that sort of cascading number of violations over several years

are the kinds of things that were pointed to as

a lack of institutional control

USC it was primarily Reggie Bush was a player there

who received a house for his family to live in

and all kinds of impermissible benefits that were apparent to

anyone looking at the program

OJ Mayo received or allegedly received all kinds of impermissible

benefits

It was alleged

that those were facilitated by assistant coaches and that the

head coach knew about it the compliance department knew about

it and they ignored it

All of those things combined constituted a lack of institutional

control and that was again alleged against USC and USC

ended up being put on you know fairly significant probation

for that after that allegation was made

So the other thing that we've been hearing is as

we've talked to players as we've talked to parents um

have been accusations that that Belichick and his coaches have

you know had a a very dysfunctional program that communication

is bad that it has been a toxic culture in

the the locker room and practices um does any of

that at all move the ball when we talk about

you know finding a way to fire him with cause

So there is a provision in the contract that says

that he's expected to run a I can't remember the

exact terminology but it basically amounts to a championship caliber

or a high caliber NCAA program

And if you really stretch it I think maybe you

could put all those things together and say you were

firing him for cause but by sort of along the

same lines in fact in that same paragraph

There's a provision that says that wins and losses and

things like that do not constitute cause to fire him

so or do not constitute a reason to fire him

for cause

So it would be hard I think to separate those

things you know at this point the only metric that

you can really look at is wins and losses because

if he was running the program a certain way and

he was winning then it would be pretty hard for

anybody to allege that there's some problem there

He's running the program a certain way and he's losing

games

If I were arguing the other side of it I

would say well the only difference here is the wins

and losses and that specifically in the contract is not

grounds for a termination for cause

So while I think those things are concerning and would

be concerning to any athletic director I don't think that

those things constitute a reason to fire Coach Belichick for

cause

Got it

Um Andrew that was everything I wanted to run through

Is there anything else that that jumps out that you

saw in this contract that's interesting noteworthy No I think

I mean the interesting thing is that you know these

contracts are they're always huge contracts but his contract is

for 50 million

A total and it has a buyout or not a

buyout but a termination clause whereby he would get paid

30 million no matter that's the guaranteed amount of the

contract

That's actually slightly different than a lot of coaches' contracts

where the entire contract would be payable if the person

wasn't fired for cause

So in a certain I mean it's hard for people

to believe but to a certain extent the contract is

actually slightly advantageous to UN

See only because they don't have to pay him the

entire salary if they fire him which is sort of

an unusual provision in these contracts when you know people

want to hire big name coaches the coaches are often

in the driver's seat and they you know tend to

be able to dictate their own terms

And what we've seen over the years is a lot

of coaches who are able to do very badly at

schools and still get paid the full value of their

contract when they leave or a significant significant portion of

it

So to a certain extent UNC being able to avoid

$20 million of this contract is slightly unusual or slightly

advantageous at least and you know it's something that um

actually It may be something that UNC wants to look

at if they really want to get rid of them

Yeah you're fantastic dude that was great great great stuff

Thank you so much

Hey thanks for having me

I appreciate it