Former Ohio University coach Brian Smith is suing the university for breach of contract and wrongful termination, stemming from his firing in December.
Ohio fired Smith for cause Dec. 17, citing "serious professional misconduct and participating in activities that reflect unfavorably on the University."
He led the team for almost exactly a year, going 8-4 last season, after serving as Ohio's offensive coordinator. He was under contract through the 2029 season with about $2.5 million left in remaining salary.
"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," a university spokesman told ESPN. "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. "
Smith's lawsuit alleges Ohio rushed to judgment and "chose expedience over fairness, optics over truth, and institutional self-protection over contractual obligation," in firing him. Ohio promoted defensive coordinator John Hauser to permanent head coach about a week after firing Smith.
In an intent to terminate letter sent to Smith, Ohio president Lori Stewart Gonzalez cited his "extramarital affairs," including one with an undergraduate student, which violated Smith's contract. Gonzalez also referenced the university's knowledge of Smith appearing publicly while intoxicated following a game.
Smith's lawsuit responds to both items, stating that Smith, while separated from his wife and in the process of divorce, had a consensual relationship with an adult Ohio University student whom he met off-campus and whom he did not supervise or evaluate in any capacity. The claim said university policy does not prohibit such relationships.
"It was nothing more than coincidence that she happened to be an OU student," the claim reads. "Coach Smith's ex-wife was aware that he was in a relationship and never accused him of participating in an extramarital affair. Moreover, both parties had moved on with their lives and were involved in separate personal relationships."
Smith's lawsuit said the public intoxication allegation in the intent to terminate letter is false, while acknowledging that Smith received a reprimand Nov. 25 for having a celebratory drink with his assistant coaches following an Ohio win in his office. According to the claim, the alcohol Smith and the other coaches consumed was a gift from Stewart Gonzalez's husband. No other coaches were reprimanded, and the reprimand did not note that Smith was impaired during the postgame toast or at an other university event.
The reprimand referred only to future violations that could lead to additional discipline for Smith, according to the lawsuit.
"OU clearly determined this was a corrective measure and not a terminable offense," the lawsuit reads. "This technical violation of University policy was not a proper justification for terminating the Agreement for cause as the reprimand establishes. Moreover, the presence and consumption of alcohol in University offices and on University property is commonplace at OU."
The lawsuit outlined what it claimed was an unjust firing process led by the university, which began Dec. 1, when Smith was placed on paid lead for unspecific conduct. On Dec. 12, Smith received a letter stating a complaint (later dismissed) had been filed against him. He received the intent to terminate letter the same day, "before any formal investigation was conducted." Smith's attorney sent the university a letter refuting the allegations on Dec. 16, which his side said was ignored.
"The university rushed to judgment, ignored its contractual obligations, and prioritized its financial interest over a fair process," said Rex Elliott, Smith's attorney. "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."
