Friday, August 21, 2009


A top official at the NCAA said a court ruling Thursday that documents dealing with cheating at Florida State are public records sets a precedent that will "rip the heart out of the NCAA" and its efforts to ensure competition is fair and equal.

Nice, Judge Cooper (FSU, 73), NICE!

David Berst, the NCAA's vice president for Division I, said few witnesses other than school officials and employees would be willing to tell what they know about cheating, whether in recruiting, academics or other areas, without the promise of confidentiality.

"We could see copycat efforts in other states," Berst said. "Yes, I believe that would rip the heart out of the NCAA."

His comments from the witness stand came soon after Circuit Judge John Cooper rejected the NCAA's claim that the documents in the Florida State case are not public.

Florida law says records are public if they are "received" by a state agency. The NCAA claimed the Florida State documents were not because the school never physically possessed the documents in paper or electronic form.

Instead, the NCAA posted them on a secure read-only Web site that could be accessed by the law firm Florida State had hired for its appeal. School officials also could have gone to NCAA headquarters in Indianapolis to take a look at the documents.

Cooper rejected the argument saying that if a party could "see" the documents, they had been officially "received."

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