'Star' still fighting Knight ruling

In the latest chapter of legal maneuvers involving former IU men's basketball coach Bob Knight, The Indianapolis Star has taken to the offense, appealing a ruling that favored IU and withheld the public release of Knight's personnel documents.\nThe Indianapolis Star filed an appeal Monday asking the Indiana Court of Appeals to overturn last month's ruling by Morgan County Special Judge Jane Spencer Craney. If Craney grants the appeal, the records surrounding the termination of Knight would be made public and visible for public scrutiny. \nIn her November decision, Judge Craney ruled in favor of the University, stating it was exempt from Indiana's open record laws and was therefore under no obligation to release any details relating to the firing of Knight.\nThe Star's attorney, Kevin Betz, said he and his client absolutely disagree with the ruling and cited prior case law in direct opposition to Craney's ruling.\n"We respect her decision but absolutely disagree," Betz said. "That's a significant reason why this (case) needs to be reviewed."\nBetz also said there are several other "novel issues" to be resolved by the appellate court.\n"We believe there are some points of legal precedents that could be set," Betz said. "First, there is the issue of whether IU waived its Access to Public Records Act exemptions, a novel issue which we raised in the appeal and in the case, and one that the Court of Appeals should raise."\nThe Star's original complaint claimed IU violated ARPA, which gives both agencies and individuals the right to observe the documents. In their arguments last month, IU cited examples of both federal and state law that contradicted the open records law.\nIn her decision, Craney reviewed the cases but sided with IU, ruling that the documents were "education records" containing information about students that must be kept private under federal law.\nWhile Betz said he could not speak on Knight's behalf, he said Knight would favor the release of the documents.\n"Coach Knight has stated that he wants the records to be released," Betz said. "I think he would be very pleased. I cannot answer for Coach Knight, but he has signed an affidavit and has waived any perceived confidentiality on his behalf."\nUniversity Counsel Dorothy Frapwell refused to comment or make any speculations on the outcome of appeal, but said the university's attorneys would continue to defend the appeal. \n"Obviously (our attorneys) will continue to defend the appeal in due course...I think the judge was correct in her ruling," Frapwell said. "If we win (the appeal)...we win. We'll just have to wait and see if that happens."\nFrapwell added that the University was not surprised with the legal action taken by The Star earlier this week.\nStephen Key, counsel for government affairs for the Hoosier State Press Association, said Craney's interpretation of the Family Educational Privacy Acts (FERPA), will be one of things the appellate court will review.\n"(Craney) was saying that some of the documents gathered in the disciplinary action against Knight were considered 'student records,'" Key said. "But, 'student records' are protected when they consist of academic material. These documents would have contained complaints by the students against Knight, and that's what I think The Star is trying to stress in their appeal."\nAlthough Betz said a decision from the Court of Appeals could take anywhere from six months to a year, he said he and his client are confident that they have a strong case.\nTerry Eberle, executive editor of The Star, said the newspaper is currently preparing to go before the three-judge panel to present their arguments for appeal.\n"Right now, we're working on our briefs to present to the appellate court on why they should take our case," Eberle said. "IU is also preparing their briefs and making their arguments. We're hoping to gain and will continue to fight for open records. We didn't expect to win in the lower courts...we'll be setting a precedent for Indiana law." \nWilliam Stephan, interim vice president for public affairs and government relations, said the University is prepared to let the process run its course.\n"I think we can only look at (The Star's appeal) as part of the process," Stephan said. "We understand, but I really can't say much beyond that"