How UF’s Men’s Basketball Coach May Be Fired “For Cause”

Background and UF’s Title IX Policy

Todd Golden, the University of Florida (“UF”) Men’s Basketball Coach, has been “accused by an undefined number of [UF student] women for sexual harassment and stalking [over the course of one year] . . . .”[1] UF “received a formal Title IX complaint [regarding] Golden [on] Sept[ember] 27[,] [which] alleg[ed] . . . various [forms of] conduct that potentially violated the UF Gender Equity Policy.”[2] For context, Title IX is a federal law that prohibits sex discrimination in educational programs and activities that receive federal funding.

The relevant sections of UF’s Gender Equity Policy (i.e., Section 3.1.2 – Prohibited Conduct under Title IX) state the following:

Quid Pro Quo Harassment – An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; [emphasis added]

Sexual Harassment – Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the University’s education program or activity;

Stalking – Engaging in a course of conduct directed at a specific individual that would cause a reasonable person to: (a) fear for the individual’s safety or the safety of others; or (b) suffer substantial emotional distress. For the purposes of the Stalking definition: Course of conduct means two or more acts, including acts in which the stalker directly, indirectly, or through third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about an individual, or interferes with an individual’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.[3]

The Specific Allegations and Golden’s Response

While the actual complaint against Golden has not been made public[4], UF’s student-run newspaper, The Alligator, was able to receive a copy of it for the purposes of its newspaper article.[5] Relying on The Alligator’s report, it appears that Golden is being accused of:

1. Eliciting unwanted sexual advances on Instagram;
2. Requesting sexual favors;
3. Sending photos and videos of his genitalia while traveling for UF; and
4. Various occasions of stalking.”[6]

About 24 hours after the Title IX violations had been filed against Golden, he released the following statement on X/Twitter:

For the last month, I have actively participated in and requested the confidentiality of an ongoing school inquiry. I have recently engaged Ken Turkel [an attorney] to advise me on my ability to bring defamation claims while this confidential investigation is ongoing. My family and I appreciate the support we have received and remain confident the university will continue its efforts to finish its review promptly.[7]

There has been no official statement released by UF or the men’s basketball program regarding the status of Golden’s tenure at Florida. However, it is interesting to note that Golden was present and coaching on the court this past Monday, November 11, 2024, where UF defeated Grambling State 86-62.[8]

The Future – How These Accusations Could Lead to the Termination of Golden’s Contract with UF

According to The Gainesville Sun, Golden’s contract with UF (where he recently agreed to a two-year extension back in March) requires him to adhere to all laws and UF regulations, and allows him to be fired for cause.[9] Specifically, Golden’s contract states that he may be disciplined for:

repetitive failure . . . to exercise such due care or to comply [with] . . . laws) . . . . The parties acknowledge that such noncompliance (whether or not prosecuted or enforced or even found through an association review), conviction, indictment and/or plea will have an adverse effect on UF’s reputations, interests and/or missions and such occurrence will undermine the coach’s effectiveness under this agreement or the activities agreement.[10] [emphasis added].

Moreover, the term “laws,” as referenced above in Golden’s contract means:

[A]ny and all ordinances which include laws, regulation, rules, directives, written policies, administrative decisions, orders, and constitutions of any and all official or authoritative interpretations thereof and any and all amendments, supplements and modifications thereto that are in effect at the applicable time.[11]

Thus, non-adherence to UF’s Title IX policy – i.e., Section 3.1.2 – Prohibited Conduct under Title IX – would be grounds for Golden to be fired for cause.

In addition, Golden’s contract contains a clause providing that he may be terminated even if his conduct has an “adverse effect” on UF and others:

[A]cting in a manner that has an ‘adverse effect’ or causes an ‘adverse reaction’ on the ‘reputation, mission and/or interests’ of the ‘University Athletic Association’ and/or ‘media rights holder’ — or acting in a manner that is in ‘conflict, interferes or is inconsistent with’ the ‘reputation, mission and/or interests’ of the UAA, University, [or] media rights holder.[12]

Thus, it would be up to UF’s president (i.e., interim president Kent Fuchs), UF’s athletic director (i.e., Scott Stricklin), or the UAA chairman, to determine if Golden’s actions have produced an “adverse effect.”[13]

Finally, Golden’s contract contains a “morals clause,” in which he must meet:

[T]he highest standard of professionalism, competence . . . personal conduct, ethics, integrity and morals as such highest standards are determined by UF’s president or [the] UAA chairman in consultation with UF’s athletic director. The coach’s performance reflects upon and affects the reputation, mission and interests of the UAA and UF, which parties acknowledge are valuable and intend to be protected by the agreement.[14]

Thus, while UF currently has not decided to suspend or fire Golden for his alleged actions of sexual misconduct and stalking, his contract, as well as the UF Title IX Policy, contain various instances/scenarios where he could potentially be terminated for cause. Only time will tell to see how UF will respond to this ongoing investigation.

---

[1] Meyer, Jack and Tucker, Max, UF basketball coach accused of sexual harassment and stalking, The Alligator (November 8, 2024) https://www.alligator.org/article/2024/11/uf-basketball-coach-accused-of-sexual-harassment-and-stalking. See also Brockhuizen, Alex, Into the Spotlight: Gator’s Men’s Basketball Coach Next in a Series of Problematic Coaching Concerns?, UB Sports & Entertainment Forum (November 15, 2024) https://ublawsportsforum.com/2024/11/15/into-the-spotlight-gators-mens-basketball-coach-next-in-a-series-of-problematic-coaching-concerns/.

[2] Id.

[3] University of Florida, Gender Equity Policy, Policy Number 13-001, https://policy.ufl.edu/policy/gender-equity/#S3_1_2.

[4] “UF has not produced a document related to the situation requested by the Gainesville Sun [as well as other news outlets] through an open records request filed Thursday.” See Brockway, Kevin, Florida basketball coach Todd Golden accused of sexual harassment in Title IX complaint, Gainesville Sun (November 8, 2024) https://www.usatoday.com/story/sports/college/basketball/2024/11/08/florida-basketball-coach-todd-golden-title-ix-complaint-sexual-harrassment-stalking/76133197007/.

[5] Supra note 1.  

[6] Id.

[7] Todd Golden X/Twitter statement, https://x.com/CoachToddGolden/status/1855373703955317100.   

[8] ESPN News Services, Florida’s Todd Golden coaches amid inquiry, urges ‘due process,’ ESPN (November 11, 2024) https://www.espn.com/mens-college-basketball/story/_/id/42338424/florida-todd-golden-coaches-gators-challenging-days-amid-title-ix-inquiry.

[9] Brockway, Kevin, What it would take to fire Florida basketball coach Todd Golden for cause, The Gainesville Sun (November 14, 2024) https://www.gainesville.com/story/sports/college/basketball/2024/11/14/florida-basketball-coach-todd-golden-is-subject-of-title-ix-allegations-that-violated-contract/76200266007/.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] Id.