The AD should have walked into her office, shook Miller's hand, thanked her for her year's of service, but told her they were not going to renew her contract because of the team's performance, and that would have been that. Her supporters in the Duluth, UMD and women's hockey community would have complained, briefly, but it would have been over.
Technically the AD really did not have to give a reason because it was a non-renewal, just that they want to go in another direction. The AD did handle this rather amateurishly and from reading the court document the Dept did act bush-league. I have this question.....are there any more gay coaches currently under contract besides Schuller? They are contending there is an anti-gay culture, so that question does come to mind.
Sure, but this is a common mistake people make.
He didn't need a reason because it was a non-renewal. Just like you don't need a reason to fire someone who is an "at-will" employee.
But, really, you should have a reason and shouldn't act unless you do. If you don't have a reason, then what kind of a decision maker are you? You're just making decisions like this for no reason at all?
Second, if you don't have a reason that is truthful and supported by the facts, then you leave the employee free to perceive what the reason is, and in their minds perception quickly becomes reality.
If the AD had acted as I suggested, Miller could have still sued. She still may have perceived sexual preference discrimination, and maybe that in fact existed. But UMD's defense would be so much easier if the AD had a clear, articulated reason for his actions, conveyed those and only those to Miller and the media, and acted accordingly.