Allegations swirling...

[Clickclack]

Increasingly difficult to see how DK keeps his job ...both he and MB need to be let go, lawsuit settled and let's move on. 

 

Enough of this!

[cwdickens]

The Times Union article in today's edition:

UALBANY MEN’S BASKETBALL

 

Coach to face assault charge

Killings charged with fourth-degree violation, to be arraigned Monday

 

By Abigail Rubel

KILLINGS

University at Albany men’s basketball coach Dwayne Killings is set to be arraigned Monday in a Kentucky court on an assault charge related to the November 2021 locker room incident that led to a university investigation last spring and a lawsuit from the player involved.

The arraignment is scheduled for 9 a.m. Monday at Madison County (Ky.) court. The charge is fourth-degree assault with no visible injury, according to court records. The news was first reported by the Daily Gazette.

A person is guilty of assault in the fourth degree when they “intentionally or wantonly” cause “physical injury to another person” or “with recklessness” cause “physical injury to another person by means of a deadly weapon or dangerous instrument,” according to Kentucky law. The maximum punishment for the charge is a $500 fine and a 12-month prison sentence.

The incident took place in the locker room of Eastern Kentucky University in Richmond, Ky., where UAlbany was playing in a tournament.

UAlbany is aware of the complaint, according to a statement from a school spokesman. It is unclear when UAlbany was made aware of the charge. A spokesman said he did not have information on that and "would have to check."

“The University’s understanding is that the underlying allegation is substantively the same information reported to the University in February 2022, which triggered UAlbany’s personnel investigation and resulting in Coach Killings serving a five-game suspension and paying a $25,000 fine last year. At this time, the University is not aware of any additional information that would result in a change in Coach Killings’ status. Should additional information become available, the University will respond appropriately,” the statement continued.

The arraignment is the second legal action relating to the November 2021 incident. Luke Fizulich, the player involved, filed a lawsuit against Killings, athletic director Mark Benson and the school in November alleging that Killings “violently and viciously grabbed (Fizulich), threw him up against a locker and struck him in the face, drawing blood” as the team was getting ready to play Eastern Illinois University on Nov. 24, 2021. The suit also alleges that Benson and UAlbany “instead of protecting Fuzulich as a victim of the assault, showed preference to the assaulter because of his race,” violating Title VI of the Civil Rights Act.

“We are pleased that the State of Kentucky is taking action to hold Coach Killings criminally accountable for viciously and publicly assaulting a student athlete in their state,” Fizulich’s lawyer, Stuart Bernstein of Nesenoff and Miltenberg, LLP, said in a statement. “The assault itself is not in question, as Coach Killings has admitted it. This is inexcusable conduct for a Division I college coach and SUNY Albany, to our knowledge, was correctly intending to terminate Coach Killings for the physical assault of a student athlete — until it appears community pressure made them reverse their initial decision. All parties need to be held responsible for the harm they have inflicted on Mr. Fizulich.”

UAlbany’s investigation into the incident last spring determined that Killings made “inappropriate physical contact” with a then-unnamed player in a pre-game “hype circle.” He was assessed a $25,000 fine and served a five-game suspension at the start of the 2022-23 season.

In their second season under Killings, the Great Danes are 6-15 overall and 1-5 in the America East. They lost their third straight on Thursday night.

▶› Abigail.Rubel@- timesunion.com A @abigail_rubel

[MRSGDG]

Remember the days when we could enjoy watching our team play even if we had a crappy season or not. The school is never going to have NBA players it was nice when we had all academic kids who could play and alumni could come during the cold months and enjoy time with friends and family watching some basketball and eating some popcorn. All gone because Benson wanted his own guy and ran over every staff member who wasn't toting his BS (including the Ass. Athletic Director for Development who left recently for Siena). Just have to hope Benson goes too and they clean house. It's his culture that's rotting the Department. Fingers crossed it can get back to some regular semblance at some point. Would really like to enjoy our sports again in the coming years.

Edited January 21, 2023 by MRSGDG

[UAlbany09]

Would this void his contract since it would be a for cause termination? 

[UA'08]

1 hour ago, MRSGDG said:

Remember the days when we could enjoy watching our team play even if we had a crappy season or not. The school is never going to have NBA players it was nice when we had all academic kids who could play and alumni could come during the cold months and enjoy time with friends and family watching some basketball and eating some popcorn. All gone because Benson wanted his own guy and ran over every staff member who wasn't toting his BS (including the Ass. Athletic Director for Development who left recently for Siena). Just have to hope Benson goes too and they clean house. It's his culture that's rotting the Department. Fingers crossed it can get back to some regular semblance at some point. Would really like to enjoy our sports again in the coming years.

Nothing wrong with wanting your own guy. He just picked the WRONG guy and both need to go. The next AD will come in and pick their OWN guy as well.

[Dane Pound]

1 hour ago, UA'08 said:

Nothing wrong with wanting your own guy. He just picked the WRONG guy and both need to go. The next AD will come in and pick their OWN guy as well.

That's fine but less than 2 years ago we were told Killings was the guy to take us to another level.

I know people lose their minds when I mention the Binghamton scandal but I'll say this: after all that happen under Kevin Broadus, Binghamton STILL had to pay out the remaining years of his contract (somewhere north of a million dollars.)

I'm not a lawyer but I have read some John Grisham novels. I don't see anything changing with the assault charges against Killings. The school already knew about it and did nothing but the half-buttocked suspension earlier this year.

I expect Coach Killings will serve out the remaining 3 years of his deal. I'm not an accountant either but the school isn't going to may over a million dollars to buy out Killings plus whatever they're going to have to pay to settle the federal lawsuit.

 

Edited January 21, 2023 by Dane Pound

[Clickclack]

1 hour ago, UA'08 said:

Nothing wrong with wanting your own guy. He just picked the WRONG guy and both need to go. The next AD will come in and pick their OWN guy as well.

This....Mark Benson can't survive this, this is all on him.

 

It's an odd position in that reversing the position to terminate him with cause last spring the school has now effectively tied their hands for 3 years unless new information comes to light, which is doubtful. 

When is Mark Benson contract up? Even if you have to keep Killinga because you can't afford to pay him out. You need a new face ASAP at the top to start the cleanup. Beyond just basketball, you also need that new leader to assess the loser pretending to coach football. 

Edited January 21, 2023 by Clickclack

[dslyank]

31 minutes ago, Clickclack said:

This....Mark Benson can't survive this, this is all on him.

 

It's an odd position in that reversing the position to terminate him with cause last spring the school has now effectively tied their hands for 3 years unless new information comes to light, which is doubtful. 

When is Mark Benson contract up? Even if you have to keep Killinga because you can't afford to pay him out. You need a new face ASAP at the top to start the cleanup. Beyond just basketball, you also need that new leader to assess the loser pretending to coach football. 

+++

Regardless of what happens in the Killings case. Benson must GO NOW. Let the courts and the new AD decide what to do with DK. UA should absolutely NOT allow Benson to be the arbitrator or be involved in any way.  He is complicit minimally and/or incompetent in handling the incident from day 1

Edited January 21, 2023 by dslyank

[dslyank]

ps. I always thought President Rodríguez had enough issues on his plate; and I never wanted to write him directly. I am out of the country until next Thursday. The first thing I do when I get back, is to write President Rodriguez. And I urge everyone on this blog to do likewise.

If people feel a letter campaign to some other individual more effective or appropriate please supply your suggestions

[cwdickens]

This is all you need to know, I suspect the University knew of the pending charges in order to have such a well crafted statement, see below, prepared when the news media were alerted of the criminal charges

“The University’s understanding is that the underlying allegation is substantively the same information reported to the University in February 2022, which triggered UAlbany’s personnel investigation and resulting in Coach Killings serving a five-game suspension and paying a $25,000 fine last year. At this time, the University is not aware of any additional information that would result in a change in Coach Killings’ status. Should additional information become available, the University will respond appropriately,” the statement continued.

Sadly, no one is losing their jobs over the outcome of the criminal charges.  I am of the opinion the civil lawsuit could have a different outcome. For the time being the University is on the defense, doing what it can to dodge the bullets and keeping anyone within the University associated with this incident from saying anything to the public and media.

Edited January 21, 2023 by cwdickens
clarification

[godanesgo99]

11 hours ago, cwdickens said:

This is all you need to know, I suspect the University knew of the pending charges in order to have such a well crafted statement, see below, prepared when the news media were alerted of the criminal charges

“The University’s understanding is that the underlying allegation is substantively the same information reported to the University in February 2022, which triggered UAlbany’s personnel investigation and resulting in Coach Killings serving a five-game suspension and paying a $25,000 fine last year. At this time, the University is not aware of any additional information that would result in a change in Coach Killings’ status. Should additional information become available, the University will respond appropriately,” the statement continued.

Sadly, no one is losing their jobs over the outcome of the criminal charges.  I am of the opinion the civil lawsuit could have a different outcome.

This statement is CYA for the university. If the Kentucky case goes to trial or is settled with a plea bargain, I'm sure that the school can say that info came out during discovery that wasn't exactly what they were told during their internal investigation and this new info is cause for dismissal.

 

Either way, I'm sure there will be press at the arraignment, and if I were the university, I'd be preparing for a major $h|t storm of international press with a Division 1 coach potentially standing trial for the "assault" of a player.

Edited January 22, 2023 by godanesgo99

[UA1882]

5 hours ago, dslyank said:

ps. I always thought President Rodríguez had enough issues on his plate; and I never wanted to write him directly. I am out of the country until next Thursday. The first thing I do when I get back, is to write President Rodriguez. And I urge everyone on this blog to do likewise.

If people feel a letter campaign to some other individual more effective or appropriate please supply your suggestions

I wrote the president  a couple of months ago . 

 

My email:

President Rodriguez,

 

As a UAlbany alumni I am absolutely disgusted with the way UA has handled the Coach Killings incident.  I am appalled that anyone would support the intentional physical striking of a student athlete.  The fact that Coach Killings was able to keep his job shows that the University supports physical contact with students. AD Benson also needs to be fired for allowing this to happen.  For the first time in my life I am ashamed to be an Albany alumni.  I urge you to do the right thing and immediately terminate the contracts of both Coach Killings and Athletic Director Benson. Please restore integrity and honor to UAlbany. 

 

His response :

 

Thank you for your email and for sharing your concerns. I assure you that the health and well-being of our campus community is of paramount importance to me and my leadership team.

 

While the University cannot comment publicly on pending litigation, it has made every effort to be as transparent as it can be regarding this matter. Confidentiality prevents the University from disclosing some information publicly, but please know that it will address the allegations made in the lawsuit in court.

 

Again, the University at Albany greatly appreciates your feedback.

Edited January 21, 2023 by UA1882

[Clickclack]

2 hours ago, godanesgo99 said:

This statement is CYA for the university. If the Kentucky case goes to trial or is settled with a plea bargain, I'm sure that the school can say that info came out during discovery that wasn't exactly what they were told during their internal investigation and this new info is cause for dismissal.

Honestly, I still think that, based on what I know, this is a case of a spoiled kid not getting his trophy for showing up and not manning up over a coach challenging him to play harder in the locker room. Not taking the contact (even if it was excessive) and turning it into focus and strength. When he didn't earn a scholarship based on his play he went back to the earlier contact and turned it into a bigger deal than it was. Lawyers saw an opportunity to get a quick payday for themselves and their client. But that's just my chauvinist old school opinion that doesn't fly in this new school wussified world. I know I'm an outdated relic. I know coaches can't have contact with players anymore, I know everyone needs to be handled with care or they will sue. I know I wouldn't want to coach in this world, and I know that the risks they undertake in this world is part of the reason they now make so much. Would be too risky for me even at twice DKs salary. 

Either way, I'm sure there will be press at the arraignment, and if I were the university, I'd be preparing for a major $h|t storm of international press with a Division 1 coach potentially standing trial for the "assault" of a player.

There is no question this kid is out to get a payday because he didn't get a scholarship...that much is clear. But DK showed extremely poor judgment in doing what is alleged. Maybe you can survive it (not that it's right) if you win...but you can't be this big a trainwreck on the recruiting trail (outside of 2 or 3 kids), on the court, in the locker room and expect to survive. I fully expect him to get fired for cause. 

As CW said, UAlbany needs to get off the defensive, start with firing Mark Benson to show that they are serious about cleaning up the program. I mean how absolutely stupid do you have to be to put forth that ridiculous suspension; 5 games, cherry picked, a few exhibition games...this game but not Siena...the whole thing is a complete mockery. Who but Mark Benson in the athletic department thought that is how you handle this? 

Zero doubt Fiz completely blew this out of proportion (in my mind) but the University, coaches and athletic department could not have handled this any worse. 

On top of that it turns out he can't coach worth a lick, so fire everyone and let's start over as we go into a new SEFCU arena. Settle with Fiz and give the kid what he wants, his pound of flesh for being denied a scholarship. 

Yes, this will in the short term decimated the program, I'm sure Beagle is as good as gone but so be it. This is bigger than keeping one kid who is special and a budding star. Same with Neely. 

Edited January 21, 2023 by Clickclack

[MRSGDG]

9 hours ago, UA'08 said:

Nothing wrong with wanting your own guy. He just picked the WRONG guy and both need to go. The next AD will come in and pick their OWN guy as well.

I agree bringing in your own coaches makes sense, but the skeezy reasons (not toting his BS,not getting trashed with him, not willing to break NCAA rules between athletes and sponsors, etc) as to why he wanted specific coaches out (not based on records) shows you the kind of leader or lack there of Benson is as a person. And we see where that attitude has led the Department that's all. If he was a "normal" AD and got rid of coaches for real reasons and wasn't a dumpster fire of an AD that would be different. (Like why is Gattuso stilllll here 🥴) Here's hoping something changes so I can enjoy bringing my kiddos to games as they grow up in Albany.

Edited January 22, 2023 by MRSGDG

[Clickclack]

14 minutes ago, MRSGDG said:

I agree bringing in your own coaches makes sense, but the skeezy reasons (not toting his BS,not getting trashed with him, not willing to break NCAA rules between athletes and sponsors, etc) as to why he wanted specific coaches out (not based on records) shows you the kind of leader or lack there of Benson is as a person. And we see where that attitude has led the Department that's all. If he was a "normal" AD and got rid of coaches for real reasons and wasn't a dumpster fire of an AD that would be different. (Like why is Gattuso stilllll here 🥴) Here's hoping something changes so I can enjoy bringing my kiddos to games as they grow up in Albany.

This is fair, you can't pretend you don't like Browns record and then let Gattuso get away with robbery he's been pulling.