Durham News

July 2, 2014

Fired football coach sues NCCU

A former football coach for N.C. Central is suing the school to get his job back after the position was filled in December.

A former football coach for N.C. Central University is suing the school to get his job back after the position was filled in December.

Henry Frazier III filed suit April 10, accusing NCCU of wrongful discharge and breach of contract by firing him without just cause and before he had the opportunity to defend himself in court.

Frazier’s contract was terminated with no pay in August after his ex-wife accused him of violating a domestic violence protective order. Frazier said he was trying to get word to her that he was paying for a ticket on their car.

It was Frazier’s second arrest in two years; he received a prayer for judgment for the first charge, after which the university reinstated him after a suspension saying his legal matter has been resolved.

In the more recent case, a judge found Frazier not guilty based on a technicality: the warrant on which the arrest was based confused the date and judges involved in the protective order and its renewal.

Frazier appealed his firing to the chancellor, saying the university violated his contract’s guarantee of due-process rights. Frazier lost the appeal.

In December, NCCU hired a new football coach, Jerry Mack.

Frazier’s lawsuit requests his job back, punitive damages and back pay exceeding $10,000.

The university filed a motion to dismiss the lawsuit on June 4, stating that the university was immune from a civil lawsuit because Frazier did not exhaust all his options to file a petition before coming to court, that the court lacked jurisdiction because Frazier lives in Wake County, and that he failed to state a claim.

The university declined to comment on the lawsuit or its motion.

Frazier had two years (worth $451,000) left on his contract when it was terminated.

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