"I do not think the Chancellor even addressed the issue that under the contract of employment Coach Frazier has an absolute due process right to maintain his innocence," said attorney Linda Kenney Baden in a statement.
Frazier was fired in August - just two days after he was arrested for allegedly violating a domestic violence protective order. The court order he allegedly disobeyed was issued when he was arrested last year following a domestic dispute with his then wife. Frazier is not allowed to contact her.
A police report says Frazier wrote a letter to his ex-wife about a parking ticket for a family vehicle she drives, saying he had paid it and would deduct the money from his monthly alimony check. The letter was delivered by the couple's son. But the order states Frazier can't use a third party - like a friend or a family member - to communicate.
In a statement sent out after the arrest, NCCU said Frazier's personal issues "have caused the university to shift its focus from the priorities of student-athletes."
Kenney Baden said in rejecting Frazier's appeal, NCCU told them the arrest is inconsistent with a "position charged with modeling behaviors for students."
Kenney Baden said Frazier intends to fight the criminal accusation in court in an attempt to clear his name. They are also looking to see if Frazier could bring a civil case against the school.
"We are looking into whether or not there have been any past practices or prior incidents of any coach who NCCU may have tried to jettison from employment without regard to the contractual obligations between the school and the employee," said Kenney Baden.
After Frazier was fired, NCCU named Dwayne Foster, the assistant head coach, as acting head football coach.
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