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

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BB73;1952318; said:
Actually, it was reported to be a single email from JT to Sarniak, and a simple acknowledgement of its receipt being Sarniak's only email back to JT. They were discussed in the primary response document.

page 40



pages 41-42 (redactions were by tOSU, not by me)



page 43, following the table of emails involved, which stated that #3 was JT forwarding Cicero's original email to Sarniak
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You are right Bill. I was thinking of the purported 77 phone calls and text messages between Tress and Sarniak.

http://www.dispatch.com/live/conten.../06/07/details-revealed-on-tressel-calls.html

I mixed up the texts with the e-mails
 
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alexhortdog95;1952223; said:
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.
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ESPN's agenda against tOSU goes back several years. Even Buckeye fans who realize that tOSU is hammered by ESPN on every occasion and also have serious problems with Herbstreit's actions and commentary should find it ludicrous to think that the way some Buckeye fans have treated Herbstreit is any real factor in why ESPN has a hard-on for Ohio State. It's a business-driven agenda, and has been for several years.
 
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Gatorubet;1952309; said:
But wouldn't the fact that the e-mails were on tOSU server in an official e-mail account belonging to James Tressel, a University employee, make that record still the property of tOSU, a public institution, and subject to the FOI absent some privilege like FERPA?

Edit: here the fact that other university personnel searched his e-mails (that started this whole deal) makes me assume that the e-mail account it is not in his "sole possession". Could be wrong. I think you are right about a professor's private notes not being subject to a FOI request.
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I think the fact that it's an email in the first place - not just that it was searchable - excludes it from being "sole possession". Sole possession records are so narrowly defined that I would never bother to keep one or assert the privilege. In practice, no other party could reasonably know it exists or have reasonable access to it. I've been advised that none of my electronic records or communications are sole possession. I've been advised that even handwritten notes - even if kept in a closed notebook in a tray on top of my desk in my office are not sole possession.

But like I was saying earlier, a record not being sole possession does not make it unprotected. An educational record not being sole possession only means that the institution would have to fulfill the student's request to view it, not necessarily anybody else's.
 
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jlb1705;1952326; said:
But like I was saying earlier, a record not being sole possession does not make it unprotected. An educational record not being sole possession only means that the institution would have to fulfill the student's request to view it, not necessarily anybody else's.
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Well, it's circular logic at this point, but I don't see that as an "educational record".
 
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BB73;1952325; said:
ESPN's agenda against tOSU goes back several years. Even Buckeye fans who realize that tOSU is hammered by ESPN on every occasion and also have serious problems with Herbstreit's actions and commentary should find it ludicrous to think that the way some Buckeye fans have treated Herbstreit is any real factor in why ESPN has a hard-on for Ohio State. It's a business-driven agenda, and has been for several years.
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Ya know, now that I look at it, it looks like they (ESPN) are trying to get any info/dirt on Sarniak so that they can supply answers to questions about him that the NCAA is interested in. Like they want to get him declared a "booster" in hopes that creating that status somehow makes it worse for y'all. Unless I am too cynical.
 
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Gatorubet;1952334; said:
Ya know, now that I look at it, it looks like they (ESPN) are trying to get any info/dirt on Sarniak so that they can supply answers to questions about him that the NCAA is interested in. Like they want to get him declared a "booster" in hopes that creating that status somehow makes it worse for y'all. Unless I am too cynical.
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I don't think you're too cynical. ESPN's big regret is that the people that they interviewed who wouldn't reveal their identities can't be used in the NCAA's case.
 
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Gatorubet;1952334; said:
Ya know, now that I look at it, it looks like they (ESPN) are trying to get any info/dirt on Sarniak so that they can supply answers to questions about him that the NCAA is interested in. Like they want to get him declared a "booster" in hopes that creating that status somehow makes it worse for y'all.
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This.

Given that the request is for records related to Sarniak dating back to 2007 seems to indicate that they think there's more to the relationship than currently acknowledged.

Although, if the NCAA is interested in this information, they could and have probably asked for it.
 
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Buckeyeskickbuttocks;1952203; said:
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 even care if people [strike]die[/strike] get the death penalty now, public records are public records" (Obviously they did[strike]n't[/strike] 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.
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fi
 
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