Superior Court Judge Howard Manning released a decision Thursday stating that the University must release some records related to the NCAA football investigation that it has claimed are protected under the Family Educational Rights and Privacy Act.
The Daily Tar Heel, the (Raleigh) News & Observer, the Charlotte Observer and five other news outlets sued the University in 2010 for all documents related to the football probe. UNC officials have argued that certain records, including parking ticket information, are protected by FERPA.
But Manning’s decision reflected an interpretation of FERPA more favorable to the media groups. In the decision, Manning states that UNC must release the following: “statements of facts” released to the NCAA detailing players’ non-academic impropriety resulting in NCAA sanctions; players’ reinstatement requests not related to academic issues; UNC’s previously released response to the NCAA’s notice of allegations, but with the redacted portions detailing impermissible benefits resulting in sanctions included in full.
Also at issue were the cellphone records of former head football coach Butch Davis. Manning granted a protective order for Davis’ phone records unrelated to his head coaching duties, suggesting that media groups may be given access to the other records.
But Manning also stated that communications between the University’s own legal counsel and outside counsel are protected under attorney-client privilege.
Manning said last month that he expects his decision to be appealed to the N.C. Court of Appeals.
