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NCAA won't release documents

Governing body says that FSU records not covered by public-records law

THE ASSOCIATED PRESS

Published: July 28, 2009

TALLAHASSEE, Fla.

The NCAA said yesterday that it cannot be forced to release documents in Florida State'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.

Bowden could lose 14 victories.

That would make it difficult for Bowden to catch Penn State's Joe Paterno in their race to post the most wins in major-college football.

Paterno has 383 victories, one more than Bowden.

Bowden's wins have come at Samford, West Virginia and FSU. All of Paterno's wins have come at Penn State.

Cooper will hear the NCAA's motion and others on Aug. 5.

He agreed, though, to delay a final two-day hearing, which had been set to start on that date, 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.

In the motion to dismiss, NCAA lawyer Thom Rumberger argues that 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 that 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.

The news organizations sued last month for access to the records that include the NCAA Division I Committee on Infractions' response to FSU'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, FSU, school officials and a law firm working for the university of participating in "a scheme created to avoid public access."