Clemson’s vowed search for the truth as to the cause of how three of its players came into contact with an illegal PED is beginning to resemble O.J. Simpson’s promise to track down Nicole’s real killer.
Clemson athletic department staffers started asking each other tough questions immediately after three football players were suspended just prior to the Dec. 29 Cotton Bowl. The school had until an extended NCAA appeal was finally denied in late May to look into how Dexter Lawrence, Braden Galloway and Zach Giella ingested the performance-enhancing drug ostarine.
But Clemson won’t share its findings with the public.
If the school knows how the players came into contact with an illegal PED, if the source was inside or outside the athletic department — or if the problem was more widespread — it is not saying.
And probably will never say.
Clemson cites a privacy law.
“That (NCAA) appeal was led by the student-athletes’ representative. Any investigation into the source of ostarine contamination is a part of that appeal and is, therefore, a student record subject to the Family Educational Rights and Privacy Act,” a Clemson spokesperson told The Post and Courier this week.
A football program can never go wrong doing it for the kids. Even if it really isn’t.
The Family Educational Rights and Privacy Act (FERPA), which applies to the privacy of student education records, would apply to information specifically about Lawrence, Galloway and Giella. It would not prevent Clemson from releasing a general look at such things as the results of in-house PED tests during the playoffs or opinions from outside experts, if either of those situations applied in this unusual case…
“It is true that FERPA protects the education records of students,” South Carolina Press Association attorney Taylor M. Smith IV said. “But it is also true that the use of any exemption in the S.C. Freedom of Information Act is not mandatory. In this case, it seems the players involved (and perhaps other players not mentioned) would provide consent to the school to release those records, protected under FERPA, so the public can be made aware of how these tests were failed.”
Well, that makes sense, if you had failed tests. What we have here, ladies and gentlemen, is a school that’s written checks with its mouth that its ass can’t cash. Thank Gawd for privacy rights.
8 responses to “Derpa meets FERPA.”
Help me clarify. The reason Celmson cannot completely bury this matter is one or two people still poking around using FOIA type laws? Is that about it?
“In the ostarine case, Clemson said in its official statement after the May appeal denial that its student-athletes have taken 329 tests for PEDs since 2014 and all results have been negative “except for the trace amounts found during the December 2018 tests.”
Gotta love the ‘ol Lance Armstrong denial…
Notice it says “student-athletes” and not “football players”. So the gymnastics team, swim teams, tennis teams, golf team, ladies softball team, tiddly winks team, etc. are all included in this claim of purity.
This is why state legislatures need to constantly be reworking their states’ freedom of information statutes to be as wide ranging as possible and for the exemptions to those acts to be as narrow and limited as possible and remove as much room for interpretation as possible. Press association attorneys always point out that just because an exemption can be used does not mean that it must. Good luck with that argument. Clemson isn’t going to give up the goods unless forced by the law. No other school would, either.
Of course, legislators have no motivation to add more teeth to freedom of information laws that could turn around and bite them in THEIR asses, and that’s why the impetus for that work has to come from public pressure. College sports are a silly pursuit compared to the other important work done by state agencies bound by freedom of information laws, but the stonewalling and secrecy that you see in sports is the exact same, if not worse, in other areas of government. That’s why the public should care.
That makes me want to put hand over heart and sing the national anthem.
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Seems like the moment someone dons Urnge, their ability to cheat and lie and totally discard ethics turns into a super power.
The question is did Dabo give the players the ostarine himself or did he have someone else administer it for him – he had to know about.
Why would they keep it secret? We openly discussed one of our players when he continued to be positive and for the proven reason. Btw, last time I saw his name, he was still playing. Amirong?