What That ‘Moral Turpitude’ Clause Really Means
Posted September 8, 2008
Most coaching contracts contain some version of a moral turpitude clause. These generally state that if a coach is found guilty of a "crime of moral turpitude," guilty of a "misdemeanor that involves moral turpitude," or even guilty of "conduct involving moral turpitude," the university may terminate his contract. But what is moral turpitude? Though the definition used by most courts is vague and ambiguous, moral turpitude is not the "catch-all" for bad behavior that most people think it is. There is no clear line as to what constitutes moral turpitude, but there is a line, as hazy as it may be.
Most courts and legal reference books define moral turpitude as "an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or society in general, contrary to the accepted and customary rule of right and duty between man and man." Rightfully so, courts that use this definition have called it "less than finite" and "an elusive concept incapable of precise definition." Since there is no hard and fast rule, when analyzing an issue of moral turpitude the courts will examine the specific conduct that occurred to see if it has risen to this level.
That brings us back to our question: what is moral turpitude? The case law concerning moral turpitude suggests that, like indecency laws, it will be judged region by region. With such a vague definition, what reaches the level of moral turpitude in Utah may not reach that level in Nevada. There does appear to be some consistency in the decisions though. For one, most courts have found that a felony reaches the level of moral turpitude. This is because a felony is a serious crime against society and fits well into the definition. Other than a felony, the most common action found to reach the level of moral turpitude is a wrong action that includes fraud or deceit. Generally, a misdemeanor does not reach the level of moral turpitude. However, when combined with deceit, it does. Thus, courts have found that writing a bad check while knowing there were not sufficient funds does constitute moral turpitude, while public drunkenness would not reach that level. The elements that go along with deceit of knowingly and willfully committing a wrong action seem to be most important when determining if a non-felony action reaches the level of moral turpitude.
So what does this mean for you, the coach? First, you need to check and see if you have a moral turpitude clause in your contract and be aware of exactly what it says. Next, it is always smart to determine how this clause may affect your employment. Does it apply only to behavior while you are a coach at your current university, or could you get fired for past behavior? If you are renegotiating or signing an extension, it is smart to word the clause in such a way that it is effective as of the date of the new contract. This will cover you for actions in the past that you may have forgotten about or didn't think were even actionable against you.
Universities put moral turpitude clauses in contracts as a way protecting them from employee's bad actions. However, it cannot be used as some think, no matter what jurisdiction you are in, as a vehicle to arbitrarily fire a coach.
