A big ol' HT to SiC for finding this from, of all places, The Columbus Dispatch. twice. seriously, go read both of those articles before going further.
Apparently the self-righteous Buckeyes are hiding out while having their cake and eating it too. tUOS is one of the schools with the highest number of NCAA violations, most of them self-reported. BUT---the reports are limited, redacted, obscured, or otherwise non-informative because tUOS plays the FERPA card. That's right: the Family Educational Rights and Privacy Act
It's a federal law crafted in 1974 that was meant to protect the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. It's aka The Buckley Amendment. It means that students also have the right to see their own educational records and consent (or not) to have those records released to others. tUOS claims that if they release information then they will be at risk of losing all their federal funding....riiiiight.
One portion of the law however states:
"Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
- School officials with legitimate educational interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law."
ikes of NCAA officials. NOT SO FAST MY FRIEND. (shout out to Coach Corso recovering from a minor stroke btw). That would be wrong! That is private student information that just can't be shared!!! No matter that someone got money from a booster. REDACTED. Or that someone tested positive on a random drug test. WHITE OUT. Heck, the school can't even tell you who was on the team plane....shhh! we can't discuss such things in public.Hmmmm...but what about those media guides??? (now of the unprinted variety) They have height, weight, high school, GPA, major, performance records etc etc about the athletes....where's the FERPA handcuffs for those revenue generating documents???
OHHHHH>>>> wait, never mind.
So, yeah, I say that tUOS (among others) is playing the self-righteous FERPA card as their very own huge loophole to avoid doing the right thing....
And as SiC pointed out to me, if the Dispatch is going to call the Bucks out you KNOW there's something to it.....
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14 comments:
I'm still looking for the word "illegal."
thanks whet, you've just illustrated
the nuances of the issue in a nutshell....
entendre intentional ;-)
if it's not "illegal" who cares AND if we can use the law to our benefit all the better.....no matter the inherent inconsistencies or duplicity?
it's an ethical issue IMHO. Don't claim to be doing the "right thing" when really what one is after is subterfuge and avoidance....
it's a lame strategy.
From the article:
The NCAA enforcement staff arrived on Ohio State's campus on July 30 after receiving an anonymous tip that the courting of a recruit in 2007 went too far.
Ohio State records say this about the violation involving a student athlete, "SA" for short: "See full report, which includes both a response to the NCAA Enforcement inquiry as well as a violation report. Report includes analysis of two issues: recruitment of current SA (name blacked out) and the relationship with (name blacked out) and former student athletes working at institutional camps."
It took two more public-records requests to obtain additional information from Ohio State. From those heavily edited records, this much also is known about the athlete:
- The recruit arrived in town sometime during the 2007 football season with three friends and went to a game.
- The football player received a special, discounted hotel rate and free food while visiting Ohio State.
- On Aug. 21, OSU declared the athlete ineligible and filed a violation report with the NCAA. He never missed a game, though. He paid back $158 for his extra benefits, and the NCAA restored his eligibility.
- He was a freshman at Ohio State last year.
- He was recruited by quarterbacks coach Joe Daniels.
Gee, I wonder who they're talking about?
Large, cumbersome, inefficient oversight institutions create the nightmare of how close to the line can you legally play. The reason: They want control yet most of their stuff is BS.
I give you the IRS. Anyone who thinks they are Joe Righteous Citizen and pay their taxes according to what the IRS dictates at face value is a chump and a moron. Call in a tax question three times, get three different IRS officials and I guarantee you will get three different "correct" answers. Play the game on the legal side of the line, but force the useless behemoth to justify its ridiculous rules.
It's the nature of the beast. Play to win against these massive organizations or they will eat you alive with red tape and BS.
Anyone talking a game of self-righteous ethics regarding these clowns is selling, hiding or compensating for something.
I think we've had this discussion ad nauseam.
yes, i think we understand the "it isn't cheating until you get caught" rationale, pioneered by the likes of Barry Switzer and Jimmy Johnson, and still considered acceptable in some parts.
aside from that, this must have been an interesting editorial debate w/ in the Dispatch. on one hand, the Columbus media typically fawn over Sweater Boy and other tosu icons, and usually wait until the Plain Dealer or some other news source break a negative story.
on the other hand, the Dispatch has been on a one paper crusade to shed light on government non compliance w/ Ohio's open records laws (which are far more expansive than most, including the federal FOIA program). they routinely carry articles highlighting non compliant governmental entities and quite often litigate to secure compliance.
it would be interesting to know the story behind the development of the story.
It's not Ohio State's turn to be found in violation of the NCAA policies.
"yes, I think we understand the "it isn't cheating until you get caught" rationale..."
No, apparently you don't understand.
It isn't cheating if it isn't illegal. Again, if you want to merrily pay whatever the IRS tells you to without exploiting the loopholes they have put in place; be my guest. Be a smug schmuck.
Same is true with the NCAA or your local scam artists known as planning and zoning. If you don't have the cajones to take these bureaucrats on at their own game so be it. However, sitting in judgment of the Man in the Arena is chicken caca.
You all are now in the era of RichRod. I wouldn't be so pious. It may backfire.
We must be getting closer to the season opener. It's getting edgier...finally.
tax analogies?
there are multiple tax deductions in this world. the ones you know the IRS will allow. the ones you know are questionable. and the ones you know will be disallowed if you are audited, but only if you are audited.
the third type are still illegal, even if you don't get caught.
it's not a matter of cajones. it's a matter of judgment.
as for institutions of higher learning, it may be legal to hide the details of your NCAA violations behind the white out of "privacy". but face it- it says something about your ethics, standards, and overall image and self image as a school (if not a football factory).
if all you care about is the football, then doing anything you can get a way with is just fine. in the words of JR Ewing- once you give up integrity, the rest is a piece of cake.
Personally, I think many of the NCAA rules are a joke because probably 95% of the Universities out there flaunt them. And I think NCAA sanctions are a bigger joke because I think they have a hat with a bunch of school names and draw the school whose turn it is for sanctions. Many of the rules I hear about just seem to be "gotcha" type rules.
And given all the money that is floating around, I don't understand why athletes can't get a little more than just an education (and I'm not even sure they are getting that).
Sorry Sic. It's just a big game. Follow the money...on all sides.
I don't buy your integrity argument. Sounds good in theory, but your dealing with entities that have no integrity. You have to fight these bastards on their own level or they will oppress you as they were created to do. You want to bend over, grab your ankles and let them have their way with you--go for it. Push back is necessary or they will take advantage of you. Nothing new.
As far as tax analogies, you are wrong. There are gray areas where no one knows what's legal or illegal. Fear, not integrity is what motivates you in those sticky situations.
Integrity is adhering to a moral code or "doing the right thing." Sometimes the moral thing is to punch the bully in the nose or outsmart him. Yielding to him only emboldens his actions.
sorry. can't agree.
"just win" is perfectly acceptable for the pros, but the University is something else.
morals & ethics & values are an intergal part of what makes a school; defines its character. not just in sports but in how it handles everything.
you can't let the tail wag the dog, and you can't let your desire to win a football game dictate to the rest of the school of how you deal w/ morals & ethics & values, quaint as they may be.
SiC,
I understand where you are coming from, but claiming ethics, values and morals within the context of higher education at this time in our country's history rings hollow.
Suit yourself though.
"I understand where you are coming from, but claiming ethics, values and morals within the context of higher education at this time in our country's history rings hollow."
But whetstone, was it not your beloved St Tressel who claimed: "You’ll be proud of our young men in the classroom, you'll be proud of them in the community. But most of all, you’ll be proud of our young men on the playing field." (paraphrased)
BlueSteel,
I am proud of them.
Next.
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