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

[Buckeyeskickbuttocks]

Gator, you're doing a great job dissecting FERPA (FUPA?) Here's the most important part - The Ohio Supreme Court is on record favoring disclosure over non-disclosure. I can't recall the case, but they even once went so far as to say, essentially, "we don't care if people die, public records are public records" (Obviously they didn't say it like that)

ESPN will get their records.

All that said, it's not particularly uncommon for a public entity to try and withhold disclosure - the reasons may be several and I won't speculate as to what Ohio State's rationale is.

 

[Gatorubet]

ESPN will get their records.

Yep. The Dispatch too.

All that said, it's not particularly uncommon for a public entity to try and withhold disclosure - the reasons may be several and I won't speculate as to what Ohio State's rationale is.

Absolutely true. The biggest reason not to want to disclose is because there is an awful amount of time and expense spent in complying with such requests, and that there are pitfalls in carving out multiple exceptions and distinctions, and in getting it "wrong" at some future time. Saying "no" to all is by far the simplest response. If you release something incorrectly you can maybe get sued for damages. If you force them to make you release records, then you only have to pay some attorneys fees - plus, you have the cover-your-butt excuse that you were only complying with a court order.

I'm not meaning to imply some dark conspiracy to keep them hid. * I just noted the August hearing date because absent subpoena power, the NCAA cannot get their hands on the e-mails any other way than read about it in the paper or on ESPN as a result of the FOI.

I am suggesting that it is possibly another unnecessary PR fail, as it looks like they will lose the writ, and it may look to the vaguely interested outsider like they were "trying to hide" something. I'm sure the press would never take that tack.

*(edit: I guess I sorta did in my prior post, as a throw away thought because I could not think of a reason to not honor such a clearly non-academic record. BKB made me think about it more)

 

[OH10]

Actually, if you guys read Ohio State's NCAA response and the previously released emails, its clear that OSU has gone out of its way to redact personal information related to student-athletes - even on what I assume Gator would label as non-education material.

This would lend me to believe (without any in-depth analysis into FERPA) that either A) Ohio State is just playing it safe throughout the entire process; or B) They could actually be right. We'll see. I doubt the Ohio Supreme Court is going to create bad precedent just to protection the Ohio State football program. So while I rarely trust their judgment on issues related to matters of interpreting and applying insurance provisions, I would trust them to get this one right.

 

[alexhortdog95]

Gator, you're doing a great job dissecting FERPA (FUPA?) Here's the most important part - The Ohio Supreme Court is on record favoring disclosure over non-disclosure. I can't recall the case, but they even once went so far as to say, essentially, "we don't care if people die, public records are public records" (Obviously they didn't say it like that)

ESPN will get their records.

All that said, it's not particularly uncommon for a public entity to try and withhold disclosure - the reasons may be several and I won't speculate as to what Ohio State's rationale is.

This is ESPN's way to get pissy for not being invited to that last presser. I was listening to 24/7 Sports on Sirius and apparently the guy from Bucknuts wasn't too happy either about not being invited.

While ESPN is well within their right to sue..........why?!? Really?!? Why don't they do the same thing to Oregon? Auburn? UNC? Why are they going after you guys like this? One name.

Herbstreit.

Look at the smear campaign they did to Mike Leach on behalf of Craig James. They're doing the same thing to you guys because they feel you guys pissed on Herbie's yard, left a bag of flaming poo on his porch, or something far more dubious. They've taken this personally against you guys, and ESPN does unfortunately have the power to make or break careers. Ridiculous.

EDIT:
You know....if ESPN were SMART....they'd wait until AFTER August 12th to try to find more dirt. Think of the field day they'd have if they found something....shades of SMU would be dancing in their heads!

 

[OH10]

Its important also to note all of the juggling Ohio State has had to do over this whole mess:

1. Self-report known violations to the NCAA.

2. Attempt to protect the football program as best as possible from crippling sanctions.

3. Comply with state open records laws - something it should be noted that private institutions like Notre Dame and USC do not have to worry about.

4. Comply with federal privacy laws.

5. Deal with an increasingly tabloid national/local media that knows Ohio State + Scandal = $$$$.


And then on top of all of the above, the football program actually has to play some games this season.

 

[Gatorubet]

2. Attempt to protect the football program as best as possible from crippling sanctions.

And - you know - that is EXACTLY also the job of an institution and its top employees. There is a balance between wanting to have a program that follows the rules and one that is voluntarily sanctioned into oblivion. I would expect Florida to want to make sure that rules were followed. But if they were not - I'd hope to hell that they did everything they could outside of unethical behavior to defend the institution from sanctions if they could be avoided or minimized. They have a duel role, like OH10 brings up. And just as making the state prove a case while defending a client is not wrong, implementing a strategy to avoid or lessen penalties and sanctions by making the NCAA prove a case is not wrong either.

 

[JCOSU86]

ESPN sues Ohio State.



But it's what you get for balling up into a fetal position and hoping the big bully quits kicking you and goes away.

You must hit back.

I would counter-sue ESPN so fucking fast they would think the lawyers were all from the SEC.

 

[Wingate1217]

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

Damn waste of good beer, I say...oh just re-read the post, Keystone Light....carry on.....

 

[tsteele316]

Gator, you're doing a great job dissecting FERPA (FUPA?) Here's the most important part - The Ohio Supreme Court is on record favoring disclosure over non-disclosure. I can't recall the case, but they even once went so far as to say, essentially, "we don't care if people die, public records are public records" (Obviously they didn't say it like that)

ESPN will get their records.

All that said, it's not particularly uncommon for a public entity to try and withhold disclosure - the reasons may be several and I won't speculate as to what Ohio State's rationale is.

and I do believe the Ohio Supreme Court case ESPN cited in its argument was subsequently overturned by a federal district court. so, that argument probably isn't going to fly again.

 

[Colvinnl]

and I do believe the Ohio Supreme Court case ESPN cited in its argument was subsequently overturned by a federal district court. so, that argument probably isn't going to fly again.

Well only the U.S. Supreme Court can overturn an Ohio Supreme Court case. Don't want to get into semantics, but perhaps you are right that a federal court has questioned the correctness of the Ohio Supreme Court's decision---which might give the Ohio Supreme Court reason to revisit the decision---but that is not the same as having the decision overturned.

 

[AuTX Buckeye]

Gator,

How does the Freedom of Information act apply to media or "journalistic" company's like our 4 letter friends from new england? I know there is the journalism shield and everything to protect sources but are they not subject to the same disclosures as everyone else? I understand why they would need to be protected but wondering. So if we asked for emails etc from ESPNs higher ups regarding OSU, through the FOIA would they have to divulge them?

 

[knapplc]

Gator,

How does the Freedom of Information act apply to media or "journalistic" company's like our 4 letter friends from new england? I know there is the journalism shield and everything to protect sources but are they not subject to the same disclosures as everyone else? I understand why they would need to be protected but wondering. So if we asked for emails etc from ESPNs higher ups regarding OSU, through the FOIA would they have to divulge them?

FOIA only allows the public access to government documents. It provides no access to private documents, such as those owned/created by private citizens and/or corporations like ESPN.

 

[AuTX Buckeye]

FOIA only allows the public access to government documents. It provides no access to private documents, such as those owned/created by private citizens and/or corporations like ESPN.

Thank for the clarification. I guess I misunderstood the letter of the law.

 

[Bucknut24]

I thought the NCAA already had the emails?

 

[bassbuckeye07]

I thought the NCAA already had the emails?

From what I gather this is just a huge pissing match and nothing more as it pertains to the NCAA investigation