IF BK had a friend on the outside of his marriage, I am not sure that would trigger a violation of any morals clause, unless she was a prostitute which is illegal. People do it all the time. There's no law against it. Nobody could claim that it reflected negatively on the university, since it was unknown by the public prior to the firing. If LSU knew about it and said nothing about it and did nothing about it, how could they claim that it ever hurt LSU in any way shape or form? If they went to court, I think Kelly has the better case. Not to mention I think it would make LSU look cheap and slimy, checking up on their head coach to get "compramat" on him. That's not exactly the kind of thing you want to see in an employer.
I wonder if it is not a girl? Misuse of funds? You would think a man making 9 mil a year would not do that.