NCAA ordered to release records in Florida State cheating case

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2muchcoffeeman

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Jul 30, 2003
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City & State/Province
Left. Right. In a box by the door.
Good. Love how the NCAA tries to run away when you turn the sunshine on it.<blockquote>TALLAHASSEE, Fla. – The NCAA must release documents on Florida State's appeal of an academic cheating penalty, a Florida judge ruled Friday, noting that the NCAA's rationale for keeping the documents secret would "emasculate" the state's broad public access laws.

Circuit Judge John C. Cooper ordered that the copies be turned over to The Associated Press and other media, which filed a public records lawsuit.

The documents focus on Florida State's appeal of a plan to strip coaches and athletes of wins in 10 sports, including 14 from football coach Bobby Bowden. It would dim Bowden's chances of surpassing Penn State's Joe Paterno for most wins by a major college coach. Bowden has 382 victories — one behind Penn State's Joe Paterno. . . .

The media lawsuit accused the NCAA, Florida State, school officials and a law firm working for the university of participating in "a scheme created to avoid public access."

The NCAA had posted documents about the scandal on a secured Web site for FSU's lawyers to read. Because FSU and its attorneys never had physical control of the documents, the school and the NCAA argued that they were not subject to Florida's broad public records law.

But Cooper disagreed, writing that siding with the NCAA's argument would "emasculate" the state's public records law and "would provide clever proponents of secret communication with government an easy mechanism for avoiding the public's right to know what its government is doing." He also rejected the argument that the release would violate the students' privacy, noting that the news organizations have agreed that their names can be redacted and that the documents primarily discuss the conduct of Florida State employees.</blockquote>http://news.yahoo.com/s/ap/20090828/ap_on_sp_co_ne/fbc_florida_st_cheating_2
 
Memo to the NCAA: Your clout ends where state laws begin.
 
Wasn't there something like that years ago during the Tarkanian case where the NCAA tried to refuse a federal court's order because they claimed that if they did so, they would be violating NCAA rules?
 

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