Notre Dame Should Force Brian Kelly and Jack Swarbrick to Resign Over the Declan Sullivan Incident
Jason Whitlock leapt into the pool yesterday. Hopefully there is water remaining, because I plan to join him. Declan Sullivan’s death was inexcusable. Notre Dame should fire Brian Kelly and athletic director Jack Swarbrick.
A “freak accident” is an illogical occurrence, something no one could reasonably anticipate. Declan Sullivan’s death was not a freak accident.
The lift Sullivan used was unstable, in even modest winds. It was not approved for use beyond 25mph. He realized the risk, sarcastically tweeting “I guess I’ve lived long enough.” Other coaches realized the risk. Jim Tressel said Ohio State would not practice outside because he feared for the safety of the cameramen in the wind.
This was an accident, but one that should have been anticipated and should have been prevented.
Notre Dame is a university. Brian Kelly is an educator. He chose to practice outside in hazardous conditions. His decision placed students under his charge at risk. One of them died. That’s negligence. That’s an abdication of the most basic responsibility of his job. Any lesser faculty member at Notre Dame would have been summarily fired.
Kelly made an inadvertent mistake. Jack Swarbrick made a deliberate one. He twisted the story of a student’s death to deflect blame and protect the dome.
According to Swarbrick, conditions were tranquil before a sudden and almighty gust of wind toppled Sullivan’s tower. He had no idea why Sullivan would have tweeted from the tower “holy f— this is terrifying holy f— this is terrifying.”
The Tropical Storm force winds had been blowing for two days, throughout the Midwest. It was among the country’s biggest news stories. I knew about it on the East Coast. Notre Dame had practiced indoors the day before because of it.
The conditions during the practice are irrelevant. South Bend was under a wind advisory from the National Weather Service. Forecasts explicitly warned of dangerous wind gusts. The risk was apparent. Swarbrick can’t speak authoritatively about the conditions anyway. He claims he was only at the practice for five minutes.
He probably was wearing some form of jacket to protect himself, from the wind.
Brian Kelly made a decision that led to a student’s death. Jack Swarbrick disingenuously manipulated the story of a student’s death to absolve blame. The incident and the subsequent response were inexcusable. Had they occurred in any other setting besides king football, neither would be employed.
[Photo via Getty]

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60 Responses to “Notre Dame Should Force Brian Kelly and Jack Swarbrick to Resign Over the Declan Sullivan Incident”
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October 30th, 2010 at 11:05 AM
Agreed, even if they wanted to practice outside to deal with the elements just don’t send a cameraman up…not that hard but they fucked it up and their employer cutting a check doesn’t really punish their idiocy
October 30th, 2010 at 11:08 AM
strong take, Duffy. well-written.
Eager to see the comments.
October 30th, 2010 at 11:08 AM
Still on the fence about firing them or not but I totally agree if they were in another university division outside of football, the termination would be automatic.
October 30th, 2010 at 11:09 AM
Consider this comment me wading into the pool with Duffy and Whitlock.
/Hoping some chicks show up to this sausagefest though
October 30th, 2010 at 11:10 AM
I spoke with the assistant equipment manager of our team yesterday. He agreed the head coach holds the ultimate responsiblity. But there it was a case where the kid ultimately doesn’t want to rock the boat and speak up. It happens all the time, with coaches, video coordinators and football ops directors. It’s a culture where no one wants to be seen as a voice of dissention, even against safety lest they lose their place as part of the program.
October 30th, 2010 at 11:13 AM
Oh come on.
October 30th, 2010 at 11:14 AM
Could not agree more with this piece. Great work. Negligence that causes injury or death to the people you manage is grounds for dismissal at any job. They both should be fired but only Swarbrick deserves to beaten with a lead pipe as well.
October 30th, 2010 at 11:16 AM
I’m disgusted with the way Swarbrick has handled this. A kid died, partly because of the need to look for an edge at any means possible and this buffoon is making it look like ND had no hand in it.
Makes me sick.
October 30th, 2010 at 11:17 AM
You think if some team manager for Duke basketball was up in a catwalk and fell onto the court during an earthquake, Coach K would immediately be fired? I dont think this is a football issue, this is an issue of finding out chain of command and who could have prevented this. Let the investigation play out.
October 30th, 2010 at 11:17 AM
Mike Leach got fired for much less.
October 30th, 2010 at 11:18 AM
You can’t predict earthquakes. Wind gusts had been occurring consistently for two days and were explicitly warned about by weather forecasts.
October 30th, 2010 at 11:19 AM
This analogy doesn’t work…if there were earthquakes going on all day and the catwalk had a sign that said “do not use during an earthquake”…and Coach K had him up there anyway? Then yes, he should be fired.
October 30th, 2010 at 11:20 AM
That anaolgy makes zero sense. If a tornado was predicted to hit Cameron and Coach K put a kiod up there to film and the kid died, people would have the same feelings.
October 30th, 2010 at 11:22 AM
I don’t think firing the equivalent of a ‘middle manager’ is sufficient in this case. At the end of the day, Kelly is the man responsible for every on-field aspect of the ND program and he was present at the time of the incident. He could have and should have made the call to correct whatever poor decision was made by one of his staff.
Swarbrick needs to go for the shameless spin job he’s pulled in the aftermath of all this.
October 30th, 2010 at 11:23 AM
Both need to go. Ounce the AD shows up at the field he is the senior administrator and should have taken contol of the safety issues. I don’t know if the coach ordered him up but Kelly should have at least thought about the risks and consequences and if he didnt’ then he is a bigger moron then we thought after this. CT coaches have to take classes (ridiculous)in order to continue coaching and all they are about are neglegance (failure to use reasonable care) and sexual harassment.
October 30th, 2010 at 11:25 AM
Cracker Jack got pwned.
/Do people still say that?
//trying to be internet hip
October 30th, 2010 at 11:26 AM
Last recorded earthquake in Durham, NC: none that I can find.
But yes, that’s a great analogy.
Now if K had someone filming during a hurricane or tropical storm, yes he’d get fired. Of course, he’d have better sense than to be practicing during a weather emergency, but that’s besides the point. Also, Kelly and Swarbrick have built up approx. .01% of the school and professional equity that K has.
October 30th, 2010 at 11:27 AM
You make a good point there. Not only was Kelly not vigilant enough to get that kid down, but the man who makes 7 figures shows up and he doesn’t raise the concern. Reflects very poorly on them. The family has a slamdunk court victory regardless of what happens to them.
October 30th, 2010 at 11:27 AM
glad to see mariotti found work
October 30th, 2010 at 11:29 AM
this piece was really well-written and i also agree. how would this type of decision come down if they decided to fire one or both?
October 30th, 2010 at 11:32 AM
Tough to say since ND is run by the Catholics, they don’t have the best track record in dealing with culpability of the harming of young people.
October 30th, 2010 at 11:34 AM
/rimshot
October 30th, 2010 at 11:34 AM
4 words: Stoops to Notre Dame.
October 30th, 2010 at 11:35 AM
Disagree.
October 30th, 2010 at 11:36 AM
Convincing argument.
October 30th, 2010 at 11:36 AM
+1,000,000!
/partial reason future kids will be baptized Episcopalian
October 30th, 2010 at 11:37 AM
only thing ive read today strnger than duffy’s take
http://www.nytimes.com/2010/10/29/opinion/29krugman.html?src=me&ref=homepage
October 30th, 2010 at 11:39 AM
Have you sampled the Presbyterians?
/we rock!
October 30th, 2010 at 11:40 AM
its tressel. you think rodriguez or meyer would be thinking about the cameraman before practice?
October 30th, 2010 at 11:40 AM
One of the few times I can unequivocally say: Duffy is right. Good write up.
October 30th, 2010 at 11:42 AM
I’m hoping green technology can fill that void to a lesser degree. Other than that, I’m staying out of the politics he speaks about.
October 30th, 2010 at 11:43 AM
I can’t imagine how either of them can look Sullivan’s family in the face.
October 30th, 2010 at 11:44 AM
Sullivan is where I’m from in Illinois.
October 30th, 2010 at 11:45 AM
*Was
October 30th, 2010 at 11:45 AM
My fiance is Episcopalian. So, I haven’t been sampling.
October 30th, 2010 at 11:47 AM
I’m too lazy to google so I’ll give you the ignorant Canadian question of the day: What the hell is an Episcopalian?
October 30th, 2010 at 11:48 AM
Nevermind. Apparently it’s the American term for Anglican. My fiancee is smarter than me.
October 30th, 2010 at 11:49 AM
Catholicism-lite
October 30th, 2010 at 11:52 AM
Fuck Religion. Im gonna believe what I want to believe. That shit is worse than politics. Bunch of Child fucking money grubbers.
October 30th, 2010 at 11:53 AM
Any kids I have will be raised in the Pastafarianism religion.
October 30th, 2010 at 11:53 AM
You should terminate a coach that has a player that interacts with an agent by this same logic then. Kid falls under his responsibility umbrella. You should also terminate a coach that has a player that gets a DUI or any other type of felony charge. He falls under his responsibility.
This is unfortunate. Someone lost their life. I don’t think Kelly was the one who said the young man should go up in the tower. He made a mistake in telling him not to. So did every other coach on his staff. Again, it’s tragic and unfortunate.
You want to can Jack Swarbrick over his lack of compassion and spin job, ok. But, I understand that he’s doing his job to minimize the damage. That’s my take. I’m sure few of you agree with it and that’s fine.
October 30th, 2010 at 11:54 AM
People might have the same feelings but Coach K wouldnt be fired the next day. Thats all Im saying. You guys are being naive. And of course the AD isnt going to admit fault immediately and invite an easy lawsuit. It might sound callous but theyre doing exactly what theyre probably being advised to do by council. And Im so glad you guys could throw in some Catholicism bashing, fucking douchebags.
October 30th, 2010 at 11:54 AM
Bishop Eddie Long.
October 30th, 2010 at 11:57 AM
These things have nothing in common with the ND situation. This was a ‘workplace’ incident. A player associating with an agent or driving drunk is not. Now, if Kelly is allowing players to have meetings with agents on the field or in the dressing room, that’s an issue. Likewise, if he’s allowing a drunk player to drive the team bus. You need to come up with a much better argument.
October 30th, 2010 at 11:57 AM
Remember when Dennis Green got fired for what happened to Korey Stringer?
October 30th, 2010 at 11:58 AM
Swarbrick should be fired immediately. Kelly should resign (although given his career ascension, he won’t).
I live in essentially the same weather flow as South Bend. Tuesday, our weather forecast called for 50-80mph winds, with 35mph sustained. This eventually resulted in a tornado hitting my house (45k damage). I commented here in the morning, and then ceased… abruptly. The next day, Wednesday, we had 45mph gusts, with 30mph sustained. This was all forecast, and since the accident occurred on Wednesday, the weather had been occurring for 24 hours. Fire them both.
October 30th, 2010 at 11:58 AM
If Kelly knew the kid was up there, it’s completely his responsibility. If not, a bit more of a gray area.
October 30th, 2010 at 11:58 AM
ethically, not a bad move. financially and legally, not smart.
from a legal standpoint, firing kelly would be really dumb. that’s pretty much an admission of guilt. ethically, morally, it’s the right thing to do. financially, not smart at all on many levels.
October 30th, 2010 at 11:58 AM
I bet Juan Williams is a little more nervous seeing a Muslim on a plane today than he was last week
/fair & unbalanced religion hating
October 30th, 2010 at 12:02 PM
Yup.
October 30th, 2010 at 12:02 PM
Everything you say makes sense. However, my question is what’s wrong with admitting guilt? It’s pretty fucking obvious that a university employee is responsible for the kid’s death. They’re going to have to write a fat check no matter what. They’re only compounding the problem by acting like a bunch of scummy fucks after the fact.
October 30th, 2010 at 12:05 PM
Considering they’re Catholics, not a fucking thing
October 30th, 2010 at 12:09 PM
Good one! Your real edgy. Shouldn’t you be at the Jon Stewart Rally?
October 30th, 2010 at 12:11 PM
I don’t follow, guilt and confessing IS a staple of the faith…why the indignation?
October 30th, 2010 at 12:26 PM
Garland: unfortunately, w/out tort reform in the US, this has become how the game is played. ND has culpability, and will pay on this.. big time. However, if they say now it’s their fault, they will pay 100% of the claim, and it will have at least two more zeroes in it
There will be more potentially responsible parties brought in (scissor lift mfg, construction companies, etc) to spread (ie mitigate ND’s exposure) on the loss
October 30th, 2010 at 12:38 PM
I suppose I knew this already but it’s depressing to see it laid out so succinctly. The fact that this tragedy became the legal equivalent of a high-stakes poker game the second it happened is a black mark against society. No wonder the concept of accountability is foreign to so many people.
October 30th, 2010 at 12:41 PM
This was negligence on Notre Dame’s part and every person responsible for the football program practicing outside must be held accountable and prosecuted to the fullest extent of the law.
I do take one issue. Brian Kelly is not an educator as written above. He is a football coach plain and simple.
October 30th, 2010 at 3:24 PM
Any kids I have will be raised in the Pastafarianism religion.
Fear the Flying Spaghetti Monsters.
October 30th, 2010 at 8:29 PM
The Notre Dame Administration was negligent in the death of Declan Sullivan last Thursday because neither Head Football Coach Brian Kelly nor inept Athletic Director John “Jack” Swarbrick executed their executive responsibilities to ensure the welfare of all Notre Dame personnel present at the time.
A valiant patriot should even the score by beheading both Kelly and Swarbrick and cashier both to the ranks of the unemployed with no severance benefits. If that fails, we all should pray for a Taliban hit on Notre Dame because its President the Reverend John Jenkins, CSC is a notorious closet homosexual.
October 31st, 2010 at 6:59 AM
Cracker Jack, your ignorance and stupidity motivated me to register for this site. I felt compelled to comment on your opnion. I have read some illogically viewpoints ranging from polictical to personal, however, your’s ranks supreme. As the fellow posters have clearly articulated, your analogogy holds no water.
Also, it does not take a law school graduate, which I happen to be, to realize the last thing in the world the University would want to see is this case brought to court. The facts clearly point towards gross negligence. Also, this case has been tried and convicted in the court of public opinion. This rarely happens so quickly, unless the issue is clearly one sided. Do you honestly think Notre Dame would want the PR nightmare of trying to defend themselves in this incident?
No amount of money will bring back that poor family’s loved-oned, but I’m confident the school will be motivated to try their absolute best to ease that pain in multiple ways. I would recommend, besides the obvious payout, to institute a yearly scholarship in the young man’s name. Also, the naming of the video film room after the student, might be explored.
Now leaving the legal realm, the AD’s actions were disgusting. A person lost his life, senselessly, and this official tried to spin a story to protect a univeristy employee. I highly doubt these are the values, Notre Dame, Duke, or any other institution of higher learning is thriving to teach.
Please don’t waste your time responding to my post. Your obvious inability to think like a rational individual renders the point moot.