time ut weekend
december 7, 2012 | kykernel.com
Start of the season
Dogs entertain students during finals week >>
Ky. attorney general rules in UK’s favor in records dispute >>
VOLLEYBALL FACING NO. 1 In Round of 16, UK takes on top-seeded Penn State >>
GYMNASTICS BLUE/WHITE MEET, THURSDAY NIGHT. PHOTO BY JAMES HOLT
BLUE/WHITE MEET >> PHOTOS ONLINE
07 08 Friday
7days ut UK Hoops vs. DePaul 7 p.m. Rupp Arena
Men’s basketball UK vs. Portland Noon. Rupp Arena
Week B4 Finals Activities
Enjoy snacks, movies and games. Frazee Hall, VIP Center
Holiday shopping shuttle to Fayette Mall and back.
Free: pickup is limited to campus. Pickup times are 11 a.m., 1 p.m. and 3 p.m. Pickup to return to campus is at the north Macy’s entrance at noon, 2 p.m., 4 p.m. and 6 p.m. To schedule a pickup, email UKBuses@lsv.uky.edu with the subject line “Holiday Shopping Shuttle” by noon on Friday. Include in email your name, campus address, phone number and the date, time and location of the campus pickup.
PHOTO BY EMILY WUETCHER | STAFF
UK forward Nerlens Noel runs after Samford’s Russell Wilson in UK’s win Tuesday. Thursday
Stand-up comedy: Tim Wilson. 7:15 p.m. Comedy Off Broadway, Lexington Green.$12. www.comedyoff broadway.com.
Memorial Coliseum 9 p.m.-midnight. Free food served by staff and faculty, free long-sleeved T-shirts and fun activities.
Free shuttle to Bluegrass Airport
6 a.m.-4 p.m. Dec. 11-13. To schedule a pickup, email the following information with the subject “Winter Break Shuttle” to firstname.lastname@example.org at least two business days in advance: name, campus address, cell number and date, time and location of campus pickup.
UK Hoops vs. DePaul BOYD HAYES email@example.com
Following a win over No. 8 Louisville, No. 7 UK Hoops (6-1) returns to Lexington to take on the DePaul Blue Demons (6-2) in Rupp Arena for the “Pack the House” game Friday. “We’re all healthy and ready to go,” said UK head coach Matthew Mitchell. “We really, really appreciate everybody who bought a ticket. We hope to get a few more people down there tomorrow night. It should be a great game.” The Cats’ post play is anchored by junior DeNesha Stallworth, who is averaging 10 points and five rebounds per game, and has 13 blocks on the season. Junior forward Samarie Walker, a preseason All-SEC second-team selection, is averaging eight points and eight rebounds per game, and has 10 blocks on the season. Sophomore Azia Bishop has played well off the bench with about five points and four rebounds per game, and recorded the lastsecond block to put Louisville away. The UK guards have had to share the offensive load, led by the 2012 SEC Player of the Year senior A’dia Mathies. Mathies is averaging 13 points per game and leads the team in steals (16) and assists (21) on the season. Of his team’s point-guard situation, Mitchell said, “This will be our eighth (game of the season) and it’s not where I’d like it to be. There’s nothing we can do about it except go into practice every single day and maybe coach a bit better and see if our players can play a bit better.” For the Blue Demons, four players are averaging double-digit scoring: sophomore Brittany Hrynko (14.4 points per game), junior Jasmine Penny (13.9 points per game), and seniors Anna Martin (12.1 points per game) and Katherine Harry (11.1 points per game). As a team, DePaul averages 18.75 assists per game. “We have a really tough opponent tomorrow night,” Mitchell said. “We’ll have to play really well if we want to win. (The Blue Demons) are extremely talented on offense.” The second game of December for the Cats marks the first time Matthew Mitchell has met DePaul as the coach at UK. The coaching matchup will be one to watch. The Cats and the Blue Demons will face off at 7 p.m. Friday in Rupp Arena. The game will be broadcast on FSN and UK IMG radio.
A Jazzy Holiday Concert
Presented by the Bluegrass Area Jazz Association. 7:30 p.m. Singletary Center for the Arts. Free.
12.07.12 | weekend timeout | 3
Hockey vs. EKU
Cats take on Colonels, who are searching for first win CHAR GRIMM firstname.lastname@example.org
UK hockey returns to the ice Friday and Saturday nights to face the Eastern Kentucky Colonels in their final two games of the fall semester. After falling twice to Bowling Green last weekend, the Cats are now 7-13-0 on the season. EKU will enter the game searching for its first win. The Colonels are 0-8-1. It hasn’t been for lack of effort that the Colonels haven’t gotten a win this season. Several times, five minutes without hustle has cost the Colonels the game. This includes a game against Cincinnati in which the Colonels were tied with the Bearcats at two apiece heading into the third period. Cincinnati eventually won the game 5-2. Although EKU is still searching for that first win, the Cats are not going to take it lightly. “We’ve been surprised by teams before. We aren’t going to take them for granted,” said senior assistant captain Dylan Rohar.
Junior goaltender Aaron Tenfelde agreed, stating, “We’re going to need to work to make the wins happen.” The last meetings between the two rivals occurred two years ago. UK won both games by a large margin. What most remember, however, is the vast number of penalty minutes that occurred between the two teams. The Cats are hoping for a cleaner game this time around. “Fighting gets us nothing except suspended during a game in the spring semester,” Tenfelde said. ACHA rules dictate that fighting is not allowed. Should players decide to fight, each player earns an ejection from the current game as well as a suspension the following game. If the game becomes rough, senior forward Brandon Tigrett hopes the Cats will be able to skate away from potential scuffles. “We can’t afford to lose anyone to injury like we did last year with Danny Graham. It’s not worth it,” he said. Graham was injured in an altercation with a Louisville player during the Oct. 28, 2011, game. Tenfelde hopes that the Cats’ speed and
PHOTO BY MATT BURNS | STAFF
UK’s Jacob Cohen makes a stop on defense during UK’s game vs. Alabama on Oct. 20. UK takes on Eastern Kentucky on Friday and Saturday. puck movement will help keep them out of sticky situations. “(If a situation like that arises) I’ll tell my guys to say nothing and skate away,” he said. However, the Cats are prepared for the possibility of a rough game. “We just have to keep our heads up and watch each other’s backs,” said Rohar of how
he expects the team to react if they manage to keep their cool should the game become rougher. Although UK will be the away team Friday night, both games will be played at the Lexington Ice Center. Admission will be $7 each night, with the puck dropping at midnight.
UK takes on No. 1 seed Penn State NICK GRAY email@example.com
No. 16 seed UK volleyball (22-10, 14-6 SEC) travels to the West Lafayette, Ind., campus of Purdue University on Friday to battle No. 1 seed Penn State (31-2, 19-1 Big Ten) in the Regional Semifinals of the NCAA Tournament. The Cats reached the Regional Semifinals for the second consecutive year after wins over East Tennessee State and Ohio State. UK volleyball has not achieved such a feat since the 1987 and 1988 seasons. But to advance further, the Cats will need an extraordinary effort both defensively and offensively. Penn State limits its opponents to 10.57 kills per set while hitting .127, leading the Big Ten in both categories. The 2010 National Champion has also swept its opponent in eight out of the last nine matches and has not lost a match since.
The Cats will face a balanced and explosive attack on the Nittany Lions’ frontline. Four Penn State players average more than two kills per set and average 14.36 kills per set as a team. Junior Ariel Scott leads the Nittany Lions with 3.64 kills per set while junior Deja McClendon is not far behind with 3.25 kills per set. Junior Katie Slay is seventh in the nation in hitting percentage at .430. UK coach Craig Skinner senses the difficult task of limiting the Penn State attack. “The thing that we need to think about is we have to play Penn State once. We have to put ourselves in a position to win one match,” Skinner said. “They’re obviously a good team. They’re ranked where they are because they’ve had a lot of success. Are there things they’re going to do well against us? No question. I’ve always thought as a coach, whether this is who I’ve worked for or whatever it is, you can’t prepare for a great defense. You can
prepare for a great offense, but a great defense is hard to prepare for.” UK hosted the Regional Semifinals last season, falling to No. 1-seeded Texas in a four-set win for the Longhorns. Senior setter Christine Hartmann said the experience of last year will help on Friday. “The big thing about the situation that we’re going into is it’s one that we’ve already been in before playing Texas as first seed last year,” Hartmann said. “We’ve been here before; we know how to handle it. We are just as excited this time around as we were last time and I know the team is as well.” The winner will face the Minnesota (26-7, 15-5 Big Ten) versus host Purdue (23-10, 12-8 Big Ten) winner Saturday at 4 p.m. on ESPNU in Mackey Arena, with a ticket to the Final Four in Louisville at stake. Those teams played once in Minnesota during Big Ten conference play, with the Gophers earning the win 3-1.
PHOTO BY GENEVIEVE ADAMS | STAFF
Whitney Billings in the second round Dec. 1. 12.07.12 | weekend timeout | 5
All I want for Christmas...
By Les Johns and Cody Porter
Because this is the last print edition of the Kernel before Christmas, we decided to determine which gifts would make local sports figures’ holidays complete.
A magic wand. UK basketball is the gold standard in collegiate athletics and has nearly the best of everything in terms of the program. The Craft Center, the Coal Lodge, newly renovated locker rooms — Calipari gets pretty much everything he needs to move his program forward. Everything but a magic wand, it appears. Several times the past three weeks when explaining the difficulty he is having getting his team to gel, Calipari has told the media that, “I don’t have a magic wand, folks.” Now that Barnhart has diverted all his attention to football, Calipari has been left out in the cold. It is time for the AD to spring for the magic wand that Calipari needs.
Robert Montgomery Knight
The former Hoosiers basketball coach is no stranger to voicing his opinion. However, as if it wouldn’t have done so before, the Big Blue Nation needs to pass along a tip from comedian Richard Pryor. After being lectured by Bill Cosby, Pryor advised Eddie Murphy to tell Cosby to have a Coke and a smile. That went along with a few choice words. So, Bobby, know coaching is no longer the same as it was in your heyday. Drop the grimace and put on a frown from your backup coaching role on the ESPN bench.
After win, frustration lingers DAVID SCHUH firstname.lastname@example.org
The UK basketball team ended its two-game losing streak with a comfortable win over Samford Tuesday night, but it was the Cats’ second-half effort that made head coach John Calipari frustrated again afterward. “We’re going to condition in the morning for the next three weeks and then practice because I can’t think of any other reason why you wouldn’t come out 6| weekend timeout | 12.07.12
in the second half and play,” Calipari said. “You need to learn how to play a full game.” The effort that Calipari referenced can’t be seen in the box score. Six Cats scored in double figures, led by freshman Archie Goodwin with 18 points. Freshman Willie Cauley-Stein recorded a double-double with 12 points and 12 rebounds, playing maybe his most complete game of the season. However, it’s those hustle plays and the defensive side of the court that the Cats will be working on in the
UT AD Dave Hart
A head football coach. Typically three strikes and you’re out, but not so for the Vols. After being shot down by John Gruden, Mike Gundy and Charlie Strong, Hart is still looking for someone willing to lead his probation-riddled program. Good luck with that.
Patience. Youth and illness has slowed the team’s progress, but complaining about it to the players on Twitter will not help matters. Enjoy the ride. The Cats are coming off a national championship season. This is a much different team. They are playing like a young, inexperienced squad now, but still have a chance to have a special year.
coming weeks. “We just lacked energy,” sophomore Kyle Wiltjer said. “We let down on defense so we just have to work on not giving up on any play no matter what the score is.” With that in mind, UK will have another statistically inferior opponent ahead on Saturday in the University of Portland. The toughest opponent the Pilots have played is UNLV, who they lost to by eight at home on Tuesday. In the grand scheme of things, it will be a working
tool for the young Cats as they continue to build the team the fans hope they can be. “I see us getting better each and every day,” freshman Alex Poythress said. “If we continue to get better every day we will be fine at the end of the road.” The major event the Cats are looking to is the Dec. 29 matchup with Louisville. With three relatively subpar opponents leading up to it, that game will be a great measure of where the team is at the turn of the calendar.
A high-caliber staff and a top-15 recruiting class. Recently, the Cats have flirted with reaching the top 25 in recruiting, which is great nationally, but still puts them near the bottom of the SEC. With Stoops’ contacts in Ohio and Florida, he has an opportunity to move up the ladder and fill his sleigh with better recruits.
Poor Tom Crean. The Hoosiers basketball coach seems to be a good guy, unlike the legendary Knight of IU’s past. Other than sophomore Cody Zeller, the simple things make him happy. Early this college basketball season Crean’s signature bubble gum chewing was put on display after he showed his support of the five-second rule in picking his gum up after he launched it from his mouth on the Assembly Hall floor. So his poor form is no longer on display, a Sam’s Club-sized pack of gum for the leader of the candy striped crazies of Bloomington.
And given the amount of free time available after finals are over, Calipari is ready to turn up the heat on his young squad. “We’re sliding into Camp Cal time,” Calipari said. “No classes, no timeframe ... none of that. Do nice conditioning in the morning. Do practice in the afternoon. Come back in the evening and walk through and do some shooting and other things.” The game Saturday will tip off at noon and be broadcast nationally on ESPN2.
GAME INFO Name: UK vs. Portland date: Saturday, Dec. 8, 2012 location: Rupp Arena time: Noon where to watch: ESPN2 12.07.12 | weekend timeout | 7
Man arrested in assault case timeout news
DREW TEAGUE email@example.com
Lexington police arrested Christopher Releford on Tuesday in connection with an attempted rape and assault that occurred Sept. 7 on East Maxwell Street. The victim pulled a knife and cut the suspect after he attempted to remove her clothes, leaving DNA from his blood on the knife and sidewalk as he ran off, the warrant for Releford’s arrest said. The Harrodsburg sheriff’s office contacted Lexington police about someone who vis-
ited a local hospital with similar wounds the same day. Both departments questioned Releford, who voluntarily gave a DNA sample, the warrant said. The warrant said after DNA testing, police confirmed Releford’s DNA was at the scene, saying it is a one in 3.6 quintillion profile. Releford was booked into the Fayette County Detention Center on Dec. 4, with his bond set at $15,000 cash, the arrest report said. According to the warrant and commitment order issued by the court, Releford was charged with first-degree rape and seconddegree assault.
Take a free ride
UK offers shuttle to mall JACKSON SMITH firstname.lastname@example.org
UK Parking and Transportation Services, in cooperation with Student Government, will provide free transportation for students and staff to and from Fayette Mall this Sunday. The Holiday Shopping Shuttle will run from 11 a.m. to 6 p.m. on Sunday, with daily campus pickup times of 11 a.m., 1 p.m. and 3 p.m. Last Sunday, the bus picked up 18 people, including sophomore Kory Kiesel, who said he really enjoyed the free ride to the mall. “The best part was that I didn’t have to look for a parking spot when I got there. It only took two minutes to get inside, whereas it would have taken 30 minutes to find a spot
The Kernel. Fresh daily. 8 | weekend timeout | 12.07.12
to park.” Another student who took the bus was senior Chance Hynes. “I was surprised that the bus actually showed up on time,” Hynes said. “I thought it would be a little late but it wasn’t.” Chrissie Tune, with PTS, said: “We did this to offer the service to students that couldn’t get out or that didn’t want to be the one worrying about driving through the holiday traffic.” To schedule a pickup, email UKBuses@lsv.uky.edu with the subject “Holiday Shopping Shuttle” by noon on Friday with name, campus address and phone number, and time, date and location to be picked up. Passengers will be picked up to be returned to campus at the north side of the mall, near the entrance to Macy’s, at noon, 2 p.m., 4 p.m. and 6 p.m.
Paws from studying
PHOTO BY TESSA LIGHTY | STAFF
Music education students Katie Safa, left, Taylor Nicholson and Megan McMahon play with Hank. MORGAN EADS email@example.com
Students gathered in Commons to enjoy the company of three furry, four-legged friends on Thursday. Dogs from the Lexington Humane society, Brandie, Muddy Buddy and Hank, were there not only to enjoy the company of the students, but also to help them during a stressful time in the semester. University Health Service hosted the event to quell the rising anxiety students are experiencing in the shadow of the coming finals week. In addition to the dogs, there were puzzles, crafts and massages being offered to students who stopped in between 10 a.m. and 1 p.m. Brandy Reeves, health education coordinator for UHS, said the turnout was looking good around 11 a.m. “We’ve had almost 30 students so far. That’s pretty good considering we’ve been here for a little more than an hour,” she said. Biology junior Casey Moffitt said the event was a good break from preparing for finals. “It’s focused on something rather than just doing nothing,” she said. “It’s a good outlet, plus I love puzzles.” Studio art sophomore Leah Hatch said she was impressed with the dogs and thought they were a good way to relieve the tension. “Dogs are fun and very friendly,” she said. “I don’t think students on campus really have an opportunity to be around animals
much.” As the dogs chewed on toys, students sat on the floor and petted them. The students were not the only ones who enjoyed the program, according to Carrie Kenady, volunteer coordinator at the Lexington Humane Society. “The dogs are loving the attention,” she said. “They are as happy as can be.” Muddy Buddy, a flat-coated retriever mix, actually snoozed as students sat and stroked his black fur. Some students showed some wariness with pit bull mix Brandie, Lexington Humane Society volunteer Karen Watz said. “People have preconceived notions about pit bulls,” she said. “But she (Brandie) is so sweet.” Kenady mentioned some students were reminded of home while spending time with the dogs. “A lot have talked about how it makes them miss their dogs at home,” she said. When asked why these three dogs in particular were chosen out of around 100 dogs in the shelter to visit UK, Kenady cited their demeanor. “We knew all of these dogs would get along really well and just be fun for the students to interact with,” she said. For students and canines alike, this was a nice change of pace, Watz said. “They (the dogs) stay locked up in their cages so much, they were kind of wild when we first arrived,” she said. “They were really excited.”
AG affirms records denial timeout news
BECCA CLEMONS firstname.lastname@example.org
The Kentucky attorney general’s office has affirmed UK’s decision to deny the Kernel access to records regarding freshman basketball player Nerlens Noel, in a decision received Thursday by the Kernel. The decision said that “although its original response was procedurally and substantively deficient,” UK could deny the Kernel the records based on FERPA, the Family Educational Rights and Privacy Act, which prohibits disclosure of education records. The Kernel’s request, for communication among UK and UK Athletics about Noel, including communication with the NCAA, was submitted and denied in late August and appealed to the attorney general shortly thereafter. Reports in August said the NCAA was reviewing Noel’s eligibility to play. The NCAA confirmed in October that Noel was cleared to play. In the denial, UK’s legal office cited a section of the Kentucky Open Records Act, saying “all preliminary drafts, notes, corre-
spondence with private individuals, other than correspondence which is intended to give notice of a final action of a public agency and preliminary recommendations and preliminary memoranda in which opinions are expressed or policies formulated or recommended are exempt.” The attorney general’s office notified UK of the appeal on Sept. 14. On Sept. 20, Lexington law firm Sturgill, Turner, Barker & Moloney PLLC sent the office a response, representing UK. The response cited both the “preliminary records” exemption used in the original denial and violations of FERPA as reasons not to disclose the records. UK originally did not cite FERPA in its denial. In order to make a decision, the attorney general’s office requested copies of the records to review them but not disclose them, in accordance with state open-records law. The university denied this request, again citing FERPA. The attorney general’s decision SEE RECORDS PAGE 11
10 | weekend timeout | 12.07.12
‘The Hobbit’ puts Gollum in a new light
LOS ANGELES — It’s been nine years since the release of “The Lord of the Rings: The Return of the King,” the concluding installment in Peter Jackson’s Oscar-winning J.R.R. Tolkien trilogy. In movie terms, that might not seem quite so long ago, but when it comes to the light-speed at which movie-making technology advances, it might as well be a lifetime. Which explains why, when “The Hobbit: An Unexpected Journey” opens Dec. 14, audiences will see a more intricately rendered Gollum, the motion-capture creation memorably brought to the screen by actor Andy Serkis. “Gollum certainly benefits from a much more intricate muscle system,” Jackson told the Los Angeles Times in July at Comic-Con International in San Diego, just before announcing that the two-film adaptation of “The Hobbit” would become a trilogy. “Obviously with a CGI character you’re building a character in much the same way as a real creature is built,” he said. “You
build the bones, the skeletons, the muscles. You put layers of fat on. You put a layer of skin on which has to have a translucency depending on what the character is. “Gollum is a much more sophisticated performer now than he was 10 years ago,” Jackson continued, though he made a point to note that the creature, disfigured by his own dark obsession, will still seem quite familiar. “We’ve deliberately made him look the same. I really wanted ‘The Hobbit’ to very much have a consistency with the first three movies.” The filmmaker discussed the changing nature of visual effects and how advances offer him new creative freedoms. “Anything you can imagine you can put on film,” Jackson said. Jackson has employed a groundbreaking, though controversial, technology, shooting the productions in a revolutionary 48-framesper-second-format — designed to offer viewers a hyper-realistic “immersive” experience. MCT
workers. Provide leadership. Finish an old task and profit. Gather resources together. Libra (Sept. 23-Oct. 22) —Today is an 8 —Prepare mentally, and then adapt as needed. Use your power responsibly. They've been waiting for you to say the word. Check your course with friends, then full speed ahead. Scorpio (Oct. 23-Nov. 21) —Today is a 5 —Deadlines are looming; better get back to work. Slow down and think it over. It's getting introspective. Friends help you go farther. Use your imagination. Repay a favor. Sagittarius (Nov. 22-Dec. 21) —Today is a 9 —Use your powers of observation. Work with close associates today and tomorrow. A loved one offers excellent advice. Listen closely, and hold your comments until asked. Capricorn (Dec. 22-Jan. 19) —Today is a 7 —Begin to develop the necessary resources. Get current accounting data, and ask for strategy updates from your teammates. Advance your career while you're at it. Angels guide your actions. Aquarius (Jan. 20-Feb. 18) —Today is an 8 —You're making a good impression. Don't get presumptuous. Concentrate on studies, and conditions are better for travel now, too. Ask provocative questions. Pisces (Feb. 19-March 20) —Today is an 8 —Attend to financial matters for the next two days, and turn your plan into the perfect thing. A co-worker and a loved one are your best allies.
To get the advantage, check the day's rating: 10 is the easiest day, 0 the most challenging. Aries (March 21-April 19) —Today is a 7 —A great idea regarding money comes from afar. Review instructions. Friends connect you to a new associate who could become a valuable partner. It's getting romantic. Taurus (April 20-May 20) —Today is a 6 —Focus on work today and tomorrow, including paperwork. It's getting busy, so stick to practical basics. Express your thoughts freely at home. Friends speak well of you. Gemini (May 21-June 20) —Today is a 9 —Romance blossoms for a while, with a few hurdles. Set long-term goals with your sweetheart. Be sure you have all the information. Take notes. You're gaining support. Cancer (June 21-July 22) —Today is a 9 —Get the opinions of close family before proceeding. You're entering a more domestic phase. Gather information. Keep your financial situation confidential. Invest in success and gain respect. Leo (July 23-Aug. 22) —Today is an 8 —Use the secret sauce. Put in the extra effort, study and ask questions. Believe you can. Accept the coaching. Don't push yourself too hard. Any forward momentum counts. Virgo (Aug. 23-Sept. 22) —Today is a 7 —Work hard and make lots of money. Talk over ideas with co-
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BAHAMAS SPRING BREAK: $189 - 5 days. All prices include round trip luxury party cruise. Accommodations on the island at your choice of 13 resorts. Appalachia Travel, 1-800-867-5018. www.BahamaSun.com.
4puz.com RECORDS FROM PAGE 10
cited state law and said that when its office is unable to review the records, its “ability to render a reasoned open-records decision (is) severely impaired.”
Frank LoMonte, director of the Student Press Law Center in Arlington, Va., said that if any of the documents fell under FERPA as education records, they couldn’t be sent to anybody, including the NCAA. If the university had a confidential agreement to release records
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Parks & Recreation after school program is in need of qualified, responsible individuals. M-F, 2-6 p.m. No weekends! Great experience for education majors. Call 288-2929. Plastic surgery office near campus seeking PT bookkeeper. Accounting major preferred. Email resume and availability to Delphine at email@example.com.
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Researchers at the University of Kentucky are looking for individuals 21–45 years of age who have received a DUI in the last 2 years to participate in a study looking at behavioral and mental performance. Participants are compensated for their time and participation is completely confidential. For more information, call 859-257-5794. Researchers at the University of Kentucky are conducting studies concerning the effects of alcohol and are looking for Male & Female Social Drinkers 21-35 years of age. Volunteers paid to participate. Call 2575794.
to the NCAA, it should have extended the same offer to the attorney general’s office. “I don’t see how the attorney general could possibly be in the position with a blindfold on to make a rational determination here,” LoMonte said. “The right thing to do was to place the burden on the university to show why these documents are exempt from the law. And you can’t satisfy your burden just by saying ‘Trust us,’ but that’s what the attorney general has allowed. I think that the openrecords law demands a little more than an explanation saying ‘We promise you these really are confidential.’ There should be a documentby-document individual determination because not all records are created equal.” Reasons to deny access to the records presented in the law firm’s response included that although the documents were related to Noel’s role as a basketball player, that role is dependent on his role as a student, thus making those documents “education records.” “A report to the NCAA saying that Joe took a car from a booster is not an education record,” LoMonte said. In the decision, the attorney general’s office cited a 6th U.S. Circuit Court of Appeals opinion that said records related to an NCAA investigation might be considered education records because of the “plain language of the statute” that defines education records as those that “contain information directly relat-
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ed to a student” and are “maintained by an educational agency or institution.” It also cited a case, ESPN v. Ohio State University, from earlier this year that denied ESPN access to names of players involved in an NCAA investigation. However, the Supreme Court of Ohio ruled that the company was entitled to redacted versions of the records, and the university provided ESPN more than 700 documents in response to its request. The Kentucky attorney general’s decision said that the disparity between the decision by Ohio State to release records — although some may have included redactions — and UK’s, “may be attributable to the fact that ESPN’s request involved multiple student athletes and the Kernel’s involved only one making the redaction of personally identifiable information impracticable.” The attorney general’s decision ended by saying that because the office could not review the records, it has to rely on UK’s interpretation of FERPA and on “its professed appreciation for the value of transparency, to ensure that public records are not improperly withheld in the name of student privacy.” “They’ve got to come forward with a little more than what they did to show why FERPA applies to anything and everything they have,” LoMonte said. “I think the attorney general let the university off way, way too easy here.” 12.07.12 | weekend timeout| 11
The pages of the Kentucky Kernel for Dec. 7, 2012