Thursday, October 1, 2009

Florida Court Rules FSU Hearing Records Open to Public

The 1st District Court of Appeal in Tallahassee decided that the NCAA records that were used by attorneys for FSU in handling FSU's appeal of the NCAA ruling are public record and the media is entitled to them.

Basically, this means that the media has the right to the transcripts of the hearing in front of the Committee on Infractions, as well as the Committee's response to the hearing. It has been ruled to be public record despite the fact that the FSU lawyers signed a confidentiality agreement to try to keep the records from the public. However, such an agreement does not give them the right to keep the documents from the public record, due to the very strict public record statutes in the state of Florida.

The hearing stemmed from the academic dishonesty scandal that was uncovered by FSU last year, and concerns the NCAA's plan to strip victories from several different FSU athletic teams, including coach Bobby Bowden, who can lose 14 wins. The stripping of the wins would in all likelihood cost Bowden the all-time coaching wins record that he and Penn State coach Joe Paterno have been jockeying in and out of first place for seasons.

For those interested, the full ruling can be found here: http://opinions.1dca.org/written and click on the .pdf for case no. 09-4385

1 comment:

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