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 “serious professional misconduct.” Personnel records obtained by The Associated Press
through a public records request alleged Smith's “participation in extramarital affairs,” including with an undergraduate student, and “alcohol-related conduct."Smith’s attorney, Rex Elliott, said
in a statement that “the University breached his employment agreement by wrongfully terminating him based on conduct and allegations that fall nowhere near the standard required under his contract.”
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 — including the value of the remaining contract — consequential damages, interest, attorneys’ fees and additional relief permitted under Ohio law.
“The University rushed to judgment, ignored its contractual obligations, and prioritized its financial interest over a fair process,” Elliott said. “This case is about accountability. OU’s actions have irreparably harmed Coach Smith’s coaching career, and he is owed the full balance of his contractually agreed-upon compensation.”
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: “As the University stated in December 2025, Brian Smith’s 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.”
University President Lori Stewart Gonzalez sent Smith and Elliott the notice of intent to terminate Smith’s contract on Dec. 12. Smith had been placed on indefinite leave on Dec. 1.
Elliott responded to Gonzalez on Dec. 16 to say that “divorce proceedings were well underway before he (Smith) began dating anyone. Coach Smith did not hide the relationship, and even his now ex-wife didn’t accuse him of engaging in an extramarital affair.” Smith and his ex-wife separated earlier last year.
The attorney said Smith didn’t 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.
“No 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,” Elliott wrote.
Elliott argued that the school has no written policy preventing any employee from dating a student and that “this was a perfectly appropriate consensual adult relationship that did not violate any OU rule or policy.”
The school’s letter also said Smith was reprimanded for “repeated use of alcohol" in his office.
Smith’s attorney said the reprimand was related to coaches having a toast in Smith’s office after home wins. Elliott said the bourbon was provided by Gonzalez’s husband and that “taking a single drink toasting a victory with his staff comes nowhere close to justifying a ‘for cause’ termination.”
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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AP college football: https://apnews.com/hub/ap-top-25-college-football-poll and https://apnews.com/hub/college-football
