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UMW weighs Frawley options

April 27, 2007 12:35 am

BY JEFF BRANSCOME

PDF: Click here to read Frawley's entire contract

If the University of Mary Washington's board of visitors chooses to remove President William Frawley, his contract could make that complicated and expensive.

The 12-member board discussed Frawley's future yesterday in closed session but didn't take any action. Rector Bill Poole has declined to elaborate on the board's discussions.

Members are scheduled to meet again for a special session Monday at 1 p.m. in the Jepson Alumni Executive Center.

Frawley, who took over as president last July, was put on paid leave earlier this month after being charged with driving under the influence twice in two days.

He's scheduled to appear in court next month in Fairfax County and in July in Fredericksburg.

Frawley wasn't at yesterday's meeting. In a statement released last week, he said he is recovering at his Maryland home from a heart disorder.

Board members have not indicated that they want Frawley gone, but if they do, they have three options under his contract: Fire him "with cause," fire him "without cause" or negotiate a resignation.

Here's what the contract says about those categories.

Members can fire him with cause for several reasons, including:

"Gross negligence" or "willful malfeasance" that harms the university.

Conduct "detrimental to the interests of the university." Frawley gets a chance to remedy this conduct "to the extent curable" within 30 days of notice.

Actions that are willfully criminal. The contract doesn't state whether Frawley has to be convicted for this clause to apply.

A material breach of his contract that damages the university. Frawley's duties listed in the agreement include "fostering positive external relationships" with government agencies and "public and alumni relations."

Frawley would stop getting paid by the university immediately after being fired with cause.

Frawley would be entitled to 18 months pay if the board fired him without cause. He makes $305,000 annually.

After the first six months, UMW would reduce its payments if he gets another job. He would receive deferred compensation from the nonprofit UMW Foundation, according to the contract.

The board could also accept Frawley's resignation.

Or, the university could make a deal with him in return for his leaving, such as agreeing to pay his salary for six months. This isn't addressed in the contract.

UMW's attorney Jack Knight, who works for the Virginia Attorney General's office, would not comment. Frawley did not return a call to his cell phone.