Former Ohio University football coach Brian Smith is suing the school, alleging he was wrongfully terminated in breach of his contract.
Ohio fired Smith on Dec. 17, citing 鈥渟erious professional misconduct.鈥� through a public records request alleged Smith’s 鈥減articipation in extramarital affairs,鈥� including with an undergraduate student, and 鈥渁lcohol-related conduct.”
Smith鈥檚 attorney, Rex Elliott, said in a statement that 鈥渢he University breached his employment agreement by wrongfully terminating him based on conduct and allegations that fall nowhere near the standard required under his contract.鈥�
The lawsuit was filed Friday in the Ohio Court of Claims in Columbus because it is against a University System of Ohio institution and Smith is seeking equitable relief. Smith is seeking compensatory damages 鈥� including the value of the remaining contract 鈥� consequential damages, interest, attorneys鈥� fees and additional relief permitted under Ohio law.
鈥淭he University rushed to judgment, ignored its contractual obligations, and prioritized its financial interest over a fair process,鈥� Elliott said. 鈥淭his case is about accountability. OU鈥檚 actions have irreparably harmed Coach Smith鈥檚 coaching career, and he is owed the full balance of his contractually agreed-upon compensation.鈥�
Smith signed a five-year contract in December 2024 after being promoted from offensive coordinator. It had a base salary of $615,000 per season as well as $135,000 in supplemental compensation and retention bonuses of $50,000 every six months.
There were also performance bonuses for on-field and academic benchmarks.
University spokesman Dan Pittman said in a statement: 鈥淎s the University , Brian Smith鈥檚 termination for cause was based on violations of the established terms within his employment agreement. This lawsuit is unfounded, and the University will strongly defend itself in court. Consistent with its longstanding practice, the University declines to comment further on pending litigation.鈥�
University President Lori Stewart Gonzalez sent Smith and Elliott the notice of intent to terminate Smith鈥檚 contract on Dec. 12. Smith had been placed on indefinite leave on Dec. 1.
Elliott responded to Gonzalez on Dec. 16 to say that 鈥渄ivorce proceedings were well underway before he (Smith) began dating anyone. Coach Smith did not hide the relationship, and even his now ex-wife didn鈥檛 accuse him of engaging in an extramarital affair.鈥� Smith and his ex-wife separated earlier last year.
The attorney said Smith didn鈥檛 know the woman was a university student at the time they met at an Athens establishment, and that they dated for nearly four months. The student also was not a staff member in the football program or athletic department, according to the attorney.
鈥淣o one at OU expressed any concern or input into who Coach Smith was permitted to date but he nonetheless ended the relationship in early November,鈥� Elliott wrote.
Elliott argued that the school has no written policy preventing any employee from dating a student and that 鈥渢his was a perfectly appropriate consensual adult relationship that did not violate any OU rule or policy.鈥�
The school鈥檚 letter also said Smith was reprimanded for 鈥渞epeated use of alcohol” in his office.
Smith鈥檚 attorney said the reprimand was related to coaches having a toast in Smith鈥檚 office after home wins. Elliott said the bourbon was provided by Gonzalez鈥檚 husband and that 鈥渢aking a single drink toasting a victory with his staff comes nowhere close to justifying a 鈥榝or cause鈥� termination.鈥�
The 45-year old Smith was named head coach on Dec. 18, 2024, after Tim Albin left to become the coach at Charlotte. Smith came to Ohio as running backs coach and passing game coordinator in 2022.
The Bobcats went 9-4 under Smith. Defensive coordinator John Hauser was promoted to head coach after Ohio defeated UNLV in the Frisco Bowl.
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