Narrative Opinion Summary
In this legal dispute, ESPN, Inc. sought access to certain records from Ohio State University related to NCAA investigations involving a former football coach. This request was made in the context of public records law under R.C. 149.43. Ohio State partially denied the requests, citing confidentiality under the Family Educational Rights and Privacy Act (FERPA), among other privileges. ESPN filed a writ of mandamus to compel release of the records. The court found that Ohio State violated R.C. 149.43 by not adequately informing ESPN about the maintenance of records, thus hindering the revision of requests. However, it also held that most records were correctly withheld under FERPA and attorney-client privilege. The court granted ESPN access to some records after redaction of personal identifiers but denied requests for attorney fees, noting that Ohio State's compliance was substantial. The court's decision underscores the balance between transparency and legal protections in public records law, affirming FERPA's broad scope and the necessity of adhering to statutory requirements in public records disclosure.
Legal Issues Addressed
Attorney-Client Privilege in Public Recordssubscribe to see similar legal issues
Application: The court upheld Ohio State's use of attorney-client privilege to withhold certain documents related to legal advice and investigations.
Reasoning: Ohio State appropriately withheld certain records from ESPN, citing attorney-client privilege based on established case law, including State ex rel. Besser v. Ohio State Univ.
Definition of Education Records under FERPAsubscribe to see similar legal issues
Application: The court determined that the requested records, related to an NCAA investigation, qualify as 'education records' under FERPA.
Reasoning: The court holds that the records in question are classified as 'education records' under FERPA, as they contain information directly related to students and are maintained by an educational institution.
Family Educational Rights and Privacy Act (FERPA) Compliancesubscribe to see similar legal issues
Application: Ohio State University rightfully withheld certain records under FERPA, which protects student educational records from disclosure.
Reasoning: As a recipient of these federal funds, Ohio State is prohibited by the Family Educational Rights and Privacy Act (FERPA) from releasing education records without parental consent.
Mandamus Relief and Statutory Violationssubscribe to see similar legal issues
Application: Although the court found that Ohio State violated R.C. 149.43(B)(2) and (3), ESPN did not request specific remedies beyond the writ of mandamus.
Reasoning: Despite Ohio State's violations of R.C. 149.43(B)(2) and (3), ESPN is not entitled to further relief beyond acknowledgment of these violations.
Public Records Access under Ohio Lawsubscribe to see similar legal issues
Application: The court evaluated ESPN's right to access records from Ohio State University, partially granting the writ for certain records while denying others.
Reasoning: The court partially granted the writ, acknowledging ESPN's entitlement to some of the requested records while denying it for others.