American Swimming Coaches Association President Doesn’t Deny Possibility of ASCA Involvement in the Coaching Offer to George Gibney That Coincided With His Successful 1992 U.S. Visa Application
February 28, 2018American Swimming Coaches Association Board Member Says Executive Director John Leonard Will Be Pressed on Whether ASCA Helped George Gibney’s 1992 U.S. Visa
March 1, 2018
The University of California Board of Regents yesterday told a Superior Court judge that it was unable to file a log of the documents it is withholding from this reporter in a California Public Records Act (CPRA) case — a production that is known in public information law as a “Vaughn Index” — because of restrictions of the Federal Educational Records Privacy Act (FERPA).
At a case management conference held in open court, Concussion Inc.’s attorney, Roy S. Gordet, said UC’s position both was implausible and had arrived only at the end of months of meeting and conferring on the conditions for some form of production, which had been expected to form the basis of defining the issues in the dispute.
I filed the CPRA action last April, after spending almost all of 2016 attempting to acquire from the university internal documents pertaining to the 2014 death of UC Berkeley football player Ted Agu, and to a related incident three months earlier in which another player, J.D. Hinnant, criminally battered a teammate — allegedly after being incited by then strength and conditioning coach Damon Harrington. UC admitted liability in the Agu death and paid $4.75 million to settle the family’s wrongful death lawsuit.
Judge Kimberly E. Colwell asked university counsel Michael Goldstein to provide an estimate of the number of documents involved in the dispute — at one point, in follow up, suggesting the answer could be framed in very broad general ranges: “ten” or “a thousand.” Goldstein responded that FERPA concerns prevented UC from providing even that level of a sense of the potential volume of disputed records.
The judge directed the university to submit by March 27 a brief of its argument concerning how the provisions of FERPA preclude the production of a Vaughn Index. Gordet will file our opposition brief by April 10. A hearing on the issue is set for April 26.
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Concussion Inc.’s ebookTHE TED AGU PAPERS: A Black Life That Mattered – And the Secret History of a Covered-Up Death in University of California Footballis available on Kindle-compatible devices athttp://amzn.to/2aA2LDl. All royalties are being donated to sickle cell trait research and education.
Op-ed article for theDaily Californianon my Public Records Act lawsuit:http://www.dailycal.org/2017/04/25/lawsuit-uc-regents-emblematic-issues-facing-college-football/
“Explainer: How ‘Insider’ Access Made San Francisco Chronicle and Berkeley J-School Miss Real Story Behind Death of Cal Football’s Ted Agu,”https://concussioninc.net/?p=10931
Complete headline links to our Ted Agu series:https://concussioninc.net/?p=10877