Yahoo, Tattoos, and tOSU (1-year bowl ban, 82 scholly limit for 3 years)

[jlb1705]

I believe Ed records are protected for seven years following a student's disassociation with the institution.

Edit- could be wrong, though- that's how long I've been advised to keep documentation.

The edit is correct.

For clarification, the student protections extend until death, and best practices call for maintaining the records in question for at least seven years after a student's dissassociation with the institution.

 

[NightmaresDad]

I just wish I knew what else ESPN's wants.

BTN isn't going anywhere and ESPN seems fine with erroneous facts regarding Ohio State (and just running with the story).

In the end, BTN and Ohio State aren't going anywhere. If it's Gene Smith they want, take him!

BTN should start a weekly show where they point out and then discuss all the ESPN factual errors / bias regarding the Big Ten.
I can think of about 10 million people who would like to host it.

 

[Magua]

We have a joke of a sports radio host here in NEO on ESPN870 "Joe Pigskin Pete" and his Sports Report. While I don't think he is the most professional, well spoken on-air voice he has made it abundantly clear he doesn't like a lot of people and stuff going on at the company he works for. After listening to him today for a bit on the way home i'd be surprised if he keeps his job on ESPN radio much longer (at one he actually said "I better stop there if I want to keep my job").

 

[GeorgiaBuck2]

BTN should start a weekly show where they point out and then discuss all the ESPN factual errors / bias regarding the Big Ten.
I can think of about 10 million people who would like to host it.

I would get excited.

 

[CHU]

BTN should start a weekly show where they point out and then discuss all the ESPN factual errors / bias regarding the Big Ten.
I can think of about 10 million people who would like to host it.

BTN should have an Ohio State "Journey" in 2011 or 2012 (preferably 2012). Completely shove it in ESPN's face and show the world the football program.

Of course, if there's a new coach in 2012, that wouldn't be a good idea (same reason 2011 isn't a good idea).

I still wish someone would ask Big Ten men's basketball coaches if the basketball one on BTN helps in recruiting (in any way). I don't know if it helped Illinois football or Minny basketball.

 

[NateG]

BTN should start a weekly show where they point out and then discuss all the ESPN factual errors / bias regarding the Big Ten.
I can think of about 10 million people who would like to host it.

What would it hurt? Delaney already pissed them off. The pac 12 said forget you. If the big east would sign with fox, turner or nbc/vs, espn would be falling behind the eight ball in college football and basketball. Hockey already shunned them. basketball and baseball could hurt them with exclusive contracts down the road. And the nfl is down to one game a week on espn. Would love for espn to lose ground on every sport and in turn lose credibility.

 

[scooter1369]

One thing I know for sure. It will never be safe for ESPN Gameday to return to Columbus. Never. It is a sure way to get the cast gunned down in cold blood infront of a national audience. We have a rabid fanbase, and ESPN has pushed way too many buttons. Someone will nuke the set if they ever return here for a game.

And I'll DVR it and watch it every morning with breakfast.

 

[fanaticbuckeye]

One thing I know for sure. It will never be safe for ESPN Gameday to return to Columbus. Never. It is a sure way to get the cast gunned down in cold blood infront of a national audience. We have a rabid fanbase, and ESPN has pushed way too many buttons. Someone will nuke the set if they ever return here for a game.

And I'll DVR it and watch it every morning with breakfast.

Though unreasonable to expect, the best response if Gameday returns is for no one to show up. Even if there was 75-100 people total, that would be a statement.

 

[y0yoyoin]

One thing I know for sure. It will never be safe for ESPN Gameday to return to Columbus. Never. It is a sure way to get the cast gunned down in cold blood infront of a national audience. We have a rabid fanbase, and ESPN has pushed way too many buttons. Someone will nuke the set if they ever return here for a game.

And I'll DVR it and watch it every morning with breakfast.

the best ever was for the 2002 michigan game when gameday was here and like 5 people threw full beers and connected with chris fowler...he stood up and cried like a bitch and threatened to storm off the stage...herbstreit had to address the crowd and he asked everyone to act like civil buckeye fans...i think it lasted about 2 minutes before someone else launched a keystone light can at fowler...memories

 

[Mike80]

the best ever was for the 2002 michigan game when gameday was here and like 5 people threw full beers and connected with chris fowler...he stood up and cried like a bitch and threatened to storm off the stage...herbstreit had to address the crowd and he asked everyone to act like civil buckeye fans...i think it lasted about 2 minutes before someone else launched a keystone light can at fowler...memories

I would never ever initiate or throw a beer at that fucking prick....

.....keystone light ain't beer....

 

[Class'13]

One thing I know for sure. It will never be safe for ESPN Gameday to return to Columbus. Never. It is a sure way to get the cast gunned down in cold blood infront of a national audience. We have a rabid fanbase, and ESPN has pushed way too many buttons. Someone will nuke the set if they ever return here for a game.

And I'll DVR it and watch it every morning with breakfast.

While it totally should happen, it never would. Not as many fans know about how hardcore ESPN is misreporting the facts that aren't on this message board, or about how the attacks in 03. They just see OSU as messing up, and ESPN talking about it. But, ESPN reporting on their own website about their lawsuit against OSU could be a reason for people to realize how bad they want to hurt OSU themselves.

 

[Gatorubet]

LOOKOUT!!! WALL OF M-F-ING WORDS THAT ONLY LAWYERS CARE ABOUT

Yeah, but FERPA can be tricky.

The stuff about Sarniak I can see falling under FERPA if TP is involved in the emails at all.

The other stuff though (ticket lists, etc.) would be something that the court might agree with the complainant on.

Believe it or not, I'm interested in Gator's thoughts.

Not!!!

View

Here is a link to the memorandum in support of the writ of mandamus. The writ of mandamus is just the name of the legal document ordering someone to do something that they should do (or that you allege they should do, of course )

So - since it is the mover's brief, they will have cherry picked any good language from the act and from any cases ruling the way that they want the judge to rule and hi-lighted that. As officers of the court, they nominally have a duty to disclose to the court any relevant cases that are bad for them too - but that practice is notoriously underutilized.

I have to say that my sorta quick review of the issue leads me to fall on the side of the folks making the requests. Generally, Sunshine laws and FOI laws all contain language that makes any ambiguity as to the applicability of a FOI to any situation fall on the side of disclosure. Public policy is to provide the information, hence the law in the first place.

Second, just so folks know, while FERPA has some provisions that limit access to some parties concerning some type of disclousre of some types of information, FERPA is not mainly a law to prevent access to info.

In fact one of the purposes of FERPA is to require institutions to release and provide information about a student to the student and/or parent or guardian.

FERPA gives students the following rights regarding educational records:

- The right to access educational records kept by the school;
- The right to demand educational records be disclosed only with student consent;
- The right to amend educational records
- The right to file complaints against the school for disclosing educational records in violation of FERPA.

So FERPA gives students and their parents the right to information about their own records. Students have a right to know the content, location and purpose of information kept by a school as part of their educational records. True, they also have the right - as referenced by tOSU - to expect that personal information in their educational records be treated as confidential by their school - unless, of course, the student or parent gives permission to the school to disclose it.

Which leads to a basic question: What the hell is an "educational record"?

FERPA defines that. Educational records are defined under FERPA as:

Records that directly relate to a student and that are maintained by an educational agency or institution or by a party acting for the agency or institution.

To be an Educational record is has to be directly related to the student and the information maintained: 1) by the school; or 2) by a party or organization acting on behalf of the school.

You can imagine the normal stuff that make up such records:

- Written documents; (including student folders containing grades, classes taken, drop/add info, etc.)
- Computer media;
- Microfilm and microfiche;
- Video or audio tapes or CDs;
- Film
- Photographs.

Those are all records about a person kept by the school and which is related to the student and generally comprises a record concerning academics and the student's status as a student at an academic institution.

Naturally, any personally identifiable information in a record kept by the school that is directly related to the student is an educational record under FERPA. This information would consist of student files, student system databases kept in storage devices such as servers.

Some stuff is not considered "Educational Records" under FERPA. Private notes of individual staff or faculty that are not included in your official academic file folders are not. Campus police records are not. Medical records are not (but HIPAA would come into play and protect that). Also, it is pretty much agreed that Statistical data compilations that contain no mention of personally identifiable information about any specific student is not an "educational record"....overall grad rates, for example.

Here is the concern in this issue. If the faculty notes, data compilation, and/or administrative records are kept exclusively by the maker of the records that are not accessible or revealed to anyone else - then they are normally not considered "educational records".

If they are not "Educational Records", then they fall outside of the FERPA non-disclosure rules. However, just because FERPA does not exempt them from disclosure does not mean that some other state or federal laws ( such as the doctor/patient privilege, HIPAA, attorney-client privilege, etc.) may not prevent disclosure.

But back to the "Educational Records", there are 2 types under FERPA. Each type has a different rule governing its disclosure, and each has different protections.

Directory Information

FERPA classifies one type of information (information this IS a student's "educational record") as "Directory Information". Strictly speaking, this has the least protections under FERPA, and a school may disclose this type of info - even absent a written consent of the student or parent/guardian - although the student or parent/guardian can make a formal request that the school limit release of that information.

" Directory information" may include a student's Name; Address; Phone number and email address; Dates of attendance; Degree(s) awarded; Enrollment status and Major field of study.

Without the ability to publish this, there would be no student directories at any schools.

The other type of information, "Non-directory information", is never released by the institution without the prior written consent of the student. Also, as you can imagine, even faculty and staff cannot access non-directory information unless they have a legitimate academic reason to gain access to the record.

Non-Directory Information

"Non-directory information" may include: Social security numbers;Student identification number; Race, ethnicity, and/or nationality; Gender; Transcripts or grade reports.

Anyone who has had to obtain a transcript for a grad school application or job application had to submit a written request to have their transcript sent to any third party. FERPA gives the privilege of privacy to this type of academic information.

Prior written consent is not required when disclosure is made directly to the student or to other school officials within the same institution where there is a legitimate educational interest. So once you apply and the application has a permission waiver, the school does not need individual permission each time to access and record enrollment or transfer matters, financial aid issues, or information requested by regional accrediting organizations.

Institutions do not need prior written consent to disclose non-directory information where the health and safety of the student is at issue, when complying with a judicial order or subpoena, or where, as a result of a crime of violence, a disciplinary hearing was conducted by the school, a final decision was recorded, and the alleged victim seeks disclosure.

TOSU should annually publish its policies and procedures regarding FERPA, as that is a FERPA requirement. The institution must publish these clearly delineated policies and procedures/guidelines annually in a format that is easily accessible to interested parties.

So while FERPA has strict guidelines governing disclosure of the "educational records" of students, my brief look at FERPA versus FOI request leads me to believe that personal e-mails from Tress to Sarniak about TP's issues with Rife - and Cicero's warning - are not "Directory information", not "non-directory information", and not "educational records" at all within the letter and spirit of the FERPA privacy provisions.

I think the information was improperly withheld by tOSU.....will little or no legal justification - and that it will have to be turned over. If it is turned over by August and becomes public, that may or may not be a good thing for the hearing. As to "why" it was withheld, tOSU will let us know in its reply memorandum.

Now, I have not had a chance to look at any case law supporting tOSU's decision not to produce. TOSU has a bucket of smart lawyers advising them, so you have to think that they are not stone-walling for no good reason. That said, privately kept e-mails of a coach not accessible to other faculty and not kept in the normal course of the academic record keeping function - sent to non-parents/guardians of an athlete that addresses not academic matters, but at best athletic rules violation matters, and at worst general b.s. to a family friend about the student's off-campus conduct would not - to me - seem to be a non-directory educational record, and therefore not subject to FERPA disclosure prohibition.

 

[Gatorubet]

can ohio state countersuit ESPN for removing the nude photos and video of Erin Andrews from the internet?

The internet never forgets.

 

[Gatorubet]

Don't you worry, they will be posted.

And posted again.

And again.

Here, I just made it long enough that you think it was repeatedly posted.

 

[Gatorubet]

TOSU should annually publish its policies and procedures regarding FERPA, as that is a FERPA requirement. The institution must publish these clearly delineated policies and procedures/guidelines annually in a format that is easily accessible to interested parties.

I just found this - tOSU official position on FERPA and records release/protection. Look at:

http://registrar.osu.edu/policies/privacy_release_student_records.pdf

The following categories of information are exempted and are not considered to be "education records:"
a. Records made by university personnel which are in the sole possession of the maker and are not accessible or revealed to any other person.

Here, I seriously doubt that the release to Sarniak is what was meant by "revealed to any other person", and that statement more relates to whether the record is made accessible to other departments or employees for work/institution education related reasons. IOW, sending a private e-mail containing otherwise non-accessible information to a non-institution, non-academically related third party does not magically turn it into an "education record".

I think by tOSU's own interpretation it would be a stretch to label the e-mails as FERPA protected.