NCAA Argues To Maintain Confidential Sources In Oliver Case
By Liz Mullen, Staff Writer, SportsBusiness Journal
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Oliver Seeking Access
To NCAA Files |
The NCAA has argued in court papers that its ability to conduct future investigations into violations of its rules could be jeopardized if its investigation file on a student-athlete becomes public because of its practice of relying on confidential sources in its probes. The NCAA’s arguments were part of its motion for a protective order in the case of Andy Oliver, the Oklahoma State Univ. P who was declared ineligible last May hours before he was set to pitch in a regional championship game. Erie County (OH) Judge Tygh Tone has issued a temporary restraining order against the NCAA in the case, restoring Oliver’s eligibility and ordering the NCAA to turn over its investigation file. NCAA VP/Enforcement David Price said in a sworn affidavit the NCAA filed with the court last week, “The ability to credibly promise confidentiality to a potential source of information is critical to the NCAA’s enforcement mechanism. Many of these sources (a) have requested and have been promised anonymity, and (b) could be adversely affected if their participation were disclosed. Without an expectation of confidentiality, individuals are afraid to come forward with relevant information because they fear retaliation, accusations of disloyalty, media scrutiny, and so on. ... It is my opinion that the continued success of the NCAA’s enforcement procedure depends upon the maintenance of confidential communications between coaches, student-athletes, employees, supporters and administrators of the member institutions and the NCAA. If this information is made public, persons and organizations having pertinent knowledge will refuse to come forward.”
ATTORNEY OK WITH GOING PUBLIC: Richard Johnson, Oliver’s attorney, said, “We would be happy to have the whole file public and have the whole world see it. Andy hasn’t done a thing wrong. What did the NCAA do that they are so embarrassed about? The NCAA is trying to keep its investigation file secret so no one can see how terrible the NCAA behaves in terms of its treatment of their student-athletes.” Johnson added that Oliver has “a right to know what they are using to try to ruin his reputation and his career, and, in fact, they already ruined Oklahoma State’s postseason. And they want to say this is privileged and confidential because they promised somebody confidentiality?”
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