UofL found in violation of Open Records Act regarding basketball team
09/01/2016 06:07 PM
The University of Louisville was found to be in violation of the Open Records Act on Thursday by Attorney General Andy Beshear.
The university had been requested to hand over all documents, reports and other information relating to former President James Ramsey’s decision to suspend tournament and post season play for the University of Louisville’s men’s basketball team.
UofL had denied the request simply stating that, in essence, those records did not exist. Or, that, Dr. Ramsey had no such documents in hand on February 4th, when he made the decision to suspend play.
Upon investigation by the Office of the Attorney General, Louisville officials admitted that such records do exist, but were in the possession of Chuck Smrt, the university’s contracted NCAA investigator.
UofL argued that documents that were not in possession of school officials were outside the scope of the open records request.
In their response released on Thursday, Beshear’s office found that any, and all records regarding the decision to suspend post season play that were in the possession of Mr. Smrt are encompassed by the open records request, because Chuck Smrt was hired by the University to conduct an internal investigation and was acting as an agent of the University.
The ruling states that those documents, in possession of Chuck Smrt, formed the basis of the University’s decision to ban the men’s basketball team from post-season play. The Attorney General’s office requested to review the documents in private, but were denied access by UofL officials.
The university is now required to release these documents pursuant to the open records request barring an appeal of this decision.
UPDATED 09/02/16: The University of Louisville does intend to appeal the ruling by the Attorney General’s office.
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