Judge allows brief in Knight case

The courtroom battle between The Indianapolis Star and IU continues as the Indiana Court of Appeals accepted a brief in the lawsuit that is attempting to force the University to release records and transcriptions of meetings that took place during the time of former IU basketball coach Bobby Knight's firing.\nTo support the case, a brief of amicus curiae -- "friends of the court" -- was brought before the judges on July 2. Those behind the brief were the Hoosier State Press Association (HSPA), lending their voices to The Star's campaign.\nThe Star's lawsuit is seeking records created by the trustees, private investigators, and campus police in the course of days that culminated in Knight's firing. \nAccording to Indiana Open Records Law 5-14-3, information concerning "disciplinary actions in which the final action has been taken and that resulted in the employee being disciplined or discharged," is expressly forbidden to be held confidential.\nHowever, a judge ruled in November 2001 that IU was not obligated to release records concerning Knight's dismissal from his post as head basketball coach, as the University cited both federal law and state exemptions to the law.\nAccording to the law, subsection 4b, such exemptions include investigative records of law enforcement agencies.\nThe Star argues that IU gave up its rights to those exemptions when it voluntarily released portions of the records during news conferences held to announce its decision related to Knight in May and September 2000.\nKevin Betz, attorney for The Star, said the recently filed brief is providing further proof that IU needs to present those records to the press.\n"This shows other news organizations stand behind The Star. It shows these records should be public records, and not held secret by Indiana University," Betz said.\nEmmett Smelser, HSPA Foundation's president, agrees. He said the public has the right to the information surrounding Knight's firing by a state-supported university.\n"Allowing secret firings or disciplinary actions sets the stage for mischief and denies the public the ability to judge whether the discipline imposed was fair, overly harsh or too lenient," Smelser said.\nGrowing support comes as well from some students, who are confused as to why the University will not comply with The Star's requests.\n"I feel the University must be hiding something," said Roselyn Wang, senior majoring in music and mathematics.\nYet, George Vlahakis, IU Manager of Media Relations, said that this new exhibition of support is not indicative of any fault on the University's behalf.\n"We are confident that IU has followed the law in all respects," Vlahakis said.\nKnight was fired Sept.10, 2000 after violating a zero-tolerance conduct policy imposed the previous May following an investigation into an incident involving former player, \nNeil Reed.\nKnight, who spent 29 seasons and won three national championships at IU, returned to coaching this past year at Texas Tech.