Nelson could have certainly been fired for cause. The problem was that the whole sordid affair did not take place in a vacuum. There were lots and lots of people that didn't want Nelson fired - even though he clearly violated his contract. And by "lots and lots" of people I mean literally thousands and thousands. Many right here on this forum voiced their opinion that he shouldn't be fired based on such a minor transgression.
If the board had fired him for cause the outcry would have been deafening. Who knows where this might had led? - most likely something undesirable for everyone.
Sometimes leadership just has to be pragmatic. The board knew that under the terms of his contract they had every right to legally fire him for cause - with no payout. Even so, Dr. Nelson could still file suit and there would be legal expense and tons of publicity involved with a legal fight. The result would be to divide the community even more than it is now. The best decision was to mutually agree on a separation.
If the board had fired him for cause the outcry would have been deafening. Who knows where this might had led? - most likely something undesirable for everyone.
Sometimes leadership just has to be pragmatic. The board knew that under the terms of his contract they had every right to legally fire him for cause - with no payout. Even so, Dr. Nelson could still file suit and there would be legal expense and tons of publicity involved with a legal fight. The result would be to divide the community even more than it is now. The best decision was to mutually agree on a separation.