Repository: UIHistories Project: Board of Trustees Minutes - 1986 [PAGE 176]

EXTRACTED TEXT FROM PAGE:

1985]

UNIVERSITY OF ILLINOIS

165

Hahn, Mr. Howard, Mr. Logan, Mr. Madden, Mrs. Shepherd, Miss Smith; no, none; absent, Governor Thompson. (The student advisory vote was: Aye, Mr. Lamm, Mr. Pittman; no, none.) Release of Information Regarding the NCAA Investigation President Ikenberry reported on his administrative decision to release such information and the reasons for it. The president's statement on this matter is as follows:

For more than two years, the University of Illinois has been engaged in a number of efforts to assure that its football program and other intercollegiate athletic programs operate in a sound and ethical manner, in full compliance with the regulations of the NCAA and the Big Ten Conference. It is crucial that athletic programs embody the ideals and the standards of excellence and integrity to which the University is committed. As a result of our internal investigations and investigations conducted by the NCAA of our football program, it was determined that violations of NCAA regulations occurred during the 1980-82 period. New and strengthened controls have since been put in place, along with modifications of the structure for faculty oversight of intercollegiate athletic programs at the Urbana-Champaign campus to assure such infractions do not occur in the future. In addition, we have instituted a semi-annual compliance audit of football and other programs to assure that our controls are properly functioning. For some months now, representatives of the media, including the student newspaper managed by the Illini Media Company, have requested access to all of the documents surrounding our internal investigations and the investigations of the NCAA pursuant to these matters. They have done so citing the Illinois Freedom of Information Act which became effective July 1, 1984. Following careful reading of this Act, and based on advice from counsel, it was my judgment as president of the University, and continues to be my judgment, that many if not all of the requested materials were indeed protected under the privacy provisions and related exclusions contained in the Act. The Illini Media Company disagreed with this interpretation and sought judicial relief. The court, through Judge Jack DeLaMar, concurred with the position taken by the Illini Media Company, and with a few exclusions, directed the University to release the documents. T h e University asked Judge DeLaMar to reconsider his opinion because of the implications his ruling would carry for students and others involved. He did so; but on January 17, 1985, basically reaffirmed his earlier opinion. Despite serious reservations regarding the judge's interpretation of the law, I have decided the University will not appeal the decision. I have directed, effective Friday, February 8, that the documents in question be released by John Burness, associate chancellor and public records officer. My strong reservations with Judge DeLaMar's ruling relate to three fundamental concerns. First, although Judge DeLaMar in his bench decision of January 17 stated that it was not his intent to reduce the privacy interest of the student athlete below that of other students, the effect of his ruling is to do precisely that. Second, my reading of the Freedom of Information Act clearly suggests that false charges, rumor, a n d Innuendo unsubstantiated as a result of internal University disciplinary investigations are not subject to release under the provisions of the Free-