Friday, June 12, 2009

Florida AG To NCAA: Release FSU Findings


((HT: CBSSports))

The NCAA must release copies of its response to Florida State's appeal of penalties stemming from academic violations, Florida Attorney General Bill McCollum said Friday.

In a letter addressed to NCAA president Myles Brand, the attorney general said failure to release the contents of the letter or provide access to them could result in a $1,000 fine, a year in jail, or both.

"In as much as the NCAA has provided the letter in format which the university may only view, but not download or otherwise copy, it appears that the NCAA is therefore acting as the custodian of this record on behalf of the university,"
McCollum wrote. "A lack of physical custody of a document does not excuse Florida State University from its obligations under Florida law."

Officials from Florida State and the NCAA did not immediately returns calls Friday seeking comment on McCollum's letter.

NCAA spokeswoman Stacey Osburn said Thursday private correspondence between the NCAA and its member institutions has long been established to maintain the integrity of investigations.

Several news organizations, including the Associated Press, have formally requested a copy of the NCAA response to an appeal of sanctions resulting from an academic cheating scandal at the school that would strip it of wins in 10 sports, including victories achieved by longtime football coach Bobby Bowden.

"The records request is therefore all the more important for the people of Florida, who wish to obtain vital information about a university matter in which have invested time, money and a sense of honor," McCollum wrote.

Bowden could possibly lose as many as 14 of his career victories if the penalty from an academic cheating case sticks. That would make it difficult for Bowden to compete with Penn State's Joe Paterno in their race for most victories among major college coaches. Paterno begins the 2009 season with 383, one more than Bowden.

McCollum, who is a Republican candidate for governor in 2010, said Florida statutes establishe a right of access to public records in plain and unequivocal terms.

"I urge your compliance," he concluded.

That noise we just heard from OSG HQ is the entire Florida State community telling AG McCollum to "Shush!"

No comments: