Records could be released

Information on the decision to fire former IU men's basketball coach Bob Knight might be released to the public, as the Indiana State Court of Appeals ruled that IU might have to turn over records to the media.\nFriday's unanimous 47-page decision favored the plaintiff, The Indianapolis Star, but left many complicated rules regarding which information must be released and which does not.\nInformation regarding IU's decision to fire Knight, following his violation of the zero-tolerance policy when he allegedly had inappropriate physical contact with IU freshman Kent Harvey, will be available to the press. Other information may be kept confidential if it involves students' personal information.\nStill, all of this information may still remain secret if IU can\nsuccessfully argue that all of the documents are to be confidential under attorney-client privilege. This is because the investigation was led by two trustees who are also lawyers: IU board of trustees President Fred Eichhorn and John Walda, former president of the board of trustees and current vice president for public affairs.\nThe appeal judges ordered a Morgan County Special Judge to make that decision.\nThe Indianapolis Star sued IU in October 2000 in order to force IU to release any documentation supporting Knight's firing on Sept. 10, 2000.\nEditor in chief of The Indianapolis Star Dennis Ryerson said any information regarding the dismissal of a public official should be made open to the public.\n"Not only could the information be very valuable, but it is important that the public challenge any attempt to hide public information," he said.\nRyerson said despite the fact the lawsuit has dragged along for three years, he believes the information can be very important to the public.\n"Since we haven't seen it, there is no way to know if it's newsworthy or not," he said. "With a figure such as Knight, this information can be very important."\nRyerson said the next step in the process is to try to convince the lower court the public should have access to the information.\nStill, the court can decide to keep the reports secret by declaring they are protected by attorney-client privilege. Walda, who led the investigation, said the information is strictly confidential solely for this reason.\n"I should know better than anybody else, and this is all attorney-client privilege," he said.\nIf the court rules against IU, then the University may black-out personal information on students or opinion in the documents before releasing them. Records compiled by the IU Police Department may also be restricted from public viewing because they are investigatory records.\nRoy Graham, the attorney representing the 46 fans who are suing IU for violating the open-door policy, said he hopes IU will share more of its information with the public in the future.\n"All of these lawsuits boil down to the fact that the public needs notice," he said. "We need to know what's going on and we should be given information regarding the firing."\nIn the fall, Graham took depositions of former IU President Myles Brand, IU Athletic Director Terry Clapacs, University Counsel Dorothy Frapwell and former IU spokesperson Chris Simpson.\nGraham said he is currently in settlement talks with IU.\nThe lawsuit with The Indianapolis Star has cost IU more than $305,000, out of at least $583,587 in legal fees which IU has accumulated in its total of four lawsuits regarding Knight.\nIU also is being sued by Knight for more than $2 million for breach of contract and was sued by former IU assistant coach Ron Felling for his wrongful firing by Knight.