Wednesday, July 29, 2009

SHOCKING NEWS: NCAA SAYS IT DOESN’T HAVE TO COMPLY WITH FLORIDA LAW

Well, of course not, they’re the NCAA and the mighty suits from Kansas do whatever idiotic thing they want to do. Don’t believe us? OK, how about – BCS? Told you so.

Next.

According to the AP, the NCAA on Monday said it cannot be forced to release documents in Florida State University's appeal of academic cheating penalties because the papers are not covered by the state's public records law.

The NCAA asked Circuit Judge John C. Cooper to dismiss a lawsuit filed by The Associated Press and other news organizations seeking the records under Florida's sunshine law.

The documents concern Florida State's appeal of a plan to remove wins from the individual records of all coaches and athletes in several sports even though many, including football coach Bobby Bowden, had no roles in the cheating scandal.

Cooper will hear the NCAA's motion and others on Aug. 5 and agreed to delay the final two-day hearing until Aug. 20-21.

The NCAA sought the delay because two of its key witnesses - both executives of the organization - will be unavailable on the original dates as they'll be attending NCAA meetings on those days. (Are those meetings in some fabulous vacation destination?)

In the motion to dismiss, NCAA lawyer Thom Rumberger argues the documents are not public records and that the NCAA is neither a custodian of records, public body nor agency covered by the law.

Rumberger also contends the records are not public because the university, although a state institution, does not use public money to pay its NCAA dues or membership fees. (That’s what the T.A.H. attorney’s would call a reach!)

The news organizations sued last month for access to records that include the NCAA Division I Committee on Infractions' response to Florida State's appeal of penalties for cheating by 61 athletes in several sports. They received improper help from staffers who gave them answers to an online music test or typed papers for them.

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

FSU has a suit of its own in the works, but that one primarily asserts that the NCAA is bunch of you-know-whats.

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