Lawyer says he will file lawsuit against University Monday

Based partly on an IDS story published Sept. 20, two lawyers are filing suit against IU for violating Indiana's Open Door Law.\nLawyer Gojko Kasich of Crown Point, Ind., claims IU President Myles Brand deliberately skirted the law by meeting separately with two groups of four trustees before making his decision to fire basketball coach Bob Knight. Kasich said the lawsuit has 45 plaintiffs.\nKasich and Bloomington lawyer Roy Graham, who practices family law, will file in Monroe Circuit Court Monday.\n"The public is perhaps unaware of the importance of this law," Graham said. "I personally believe that had the administration done the difficult thing of opening the meeting up, it might have saved the University some of the embarrassment." \nThe trustees met in two groups of four before the Sept. 9 football game to discuss Brand's decision to fire Knight. Brand said it was not necessary to hold a formal meeting because the board decided in May that it would take action if Knight failed to follow guidelines set forth at the time.\n"I wanted to brief the trustees, but most importantly I wanted to get their perception," Brand said. "I asked each of the trustees, 'What is your opinion?'" \nTrustee Cora Breckenridge said Friday that she did not want to comment.\nShe previously told the IDS, "There were deliberations of course. But it was not a meeting where we could do any voting because it was not an official meeting. There was not a quorum there, and that was done purposely by the president." \nJohn Walda, the president of the board of trustees, said the trustees are not guilty of any wrongdoing.\n"It sounds to me to be pretty silly," said Walda, who was out of the country at the time of the meeting. "If a suit is filed, it doesn't have any substance. It's clear to anyone who knows that law that what was done is in compliance with the law. \n"The legislature was careful to provide ways in which consultation can take place without having an official meeting. Everything the trustees and the president did are in compliance with the letter and spirit of law, therefore there is nothing to be embarrassed about."\nTrustee Dean Hertzler, a senior at IU-Purdue University at Indianapolis, stands behind Walda's comments.\n"The lawsuit is a feeble effort to try to gain some publicity and support for a lost cause," Hertzler said. "There was no meeting, there was no official action taken by the board of trustees, and therefore the lawsuit is out in left field.\n"What does this guy want? That every conversation between the trustees and the president be recorded?"\nGraham said Kasich contacted him because Kasich wanted assistance from an lawyer in Bloomington.\n"We talked quite a bit, and I challenged him to justify what he was thinking," Graham said. "This has to be done honorably and fairly. I do respect and admire President Brand and the trustees."\nIDS reporter Rachel Kipp contributed to this story.\nSee the previous IDS article, Official says IU violated spirit of law.