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Jun 13, 2009 10:11 am US/Eastern
Fla. Attorney General Steps In Between FSU & NCAA
TALLAHASSEE (CBS4) ―
The ongoing struggle between Florida State University and the NCAA over sanctions imposed on the school now has a new player, Florida Attorney General Bill McCollum. He has ordered the NCAA to release copies of the NCAA's response to FSU's appeal of sanctions handed down by the NCAA's Infractions Committee.
McCollum sent the order in a letter to NCAA president Myles Brand and said a failure to release the appeal could result in a $1,000, one year in jail, or both.
''In as much as the NCAA has provided the letter in format which the university may only view, but not download or otherwise copy, it appears that the NCAA is therefore acting as the custodian of this record on behalf of the university,'' McCollum wrote. ``A lack of physical custody of a document does not excuse Florida State University from its obligations under Florida law.''
Multiple news agencies, including the Associate Press, have sought access to a copy of the NCAA response to FSU's appeal of sanctions. The sanctions were originally handed down due to a widespread cheating scandal involving dozens of football players and other athletes.
FSU appealed the punishment of forfeiting victories of the football team, primarily because if the victories are vacated, it would hurt legendary FSU head coach Bobby Bowden. FSU's coach stands just one victory behind Penn State's Joe Paterno on the all-time wins in major college football. If FSU vacates 14 victories, its likely Bowden has no shot of catching Paterno.
An NCAA spokeswoman indicated the NCAA had received the letter, but hadn't had a chance to review the order. McCollum, a Republican candidate for governor, said the public has a right under Florida law to view public records in plain terms.
(© MMIX CBS Television Stations. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)
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