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BEFORE THE MISSISSIPPI ETHICS COMMISSION vs. NO. 120 THE UNIVERSITY OF MISSISSIPPI RESPONDENT RESPONSE TO COMPLAINT The University of Mississippi submits the following response to the complaint filed by Mr f The University of Mississippi also submits the attached exhibits in support of its response. STATEMENT OF Mr EEE submitted a public records request to the University ippi (“UM”) on June 3, 2017, seeking a copy of the National Collegiate Athletic (NCAA) “Amended Notice of Allegations (or any other similarly named ‘documenns) against the University of Mississippi issued in either 2016 or 2017.""_ UM initially responded to Mr REEEEEEIEs request on June 5, 2017, informing Mr. I that UM received his request and would provide him with a more substantive response in the coming days.” Thereafter, UM timely provided a response to Mr. Hendrix’s public records request on June 6, 20177 IE FACTS UM's response directed Mr. IIIEEEto a website UM created to provide the public with a wealth of information related to the NCAA investigation.’ From the website, Mr. Ian. view the requested documents. UM’s response explained to Mr. IEEE that the documents posted to the website contained limited redactions in order to comply with applicable privacy laws.S UM’s response also explained that UM intended only to redact from the documents the names and personally identifiable information related to student athletes.© UM informed Mr. HB that duc to a case pending before the Mississippi Ethics Commission (“MEC”), the names of third parties were also redacted from the documents.’ The case pending before the MEC is Robertson v. University of Mississippi, NO. R-17-008. Mr. IIIMresponded asserting * See Exhibit A, 2 See Exhibit » See Exhibit C fi. ‘id “id ek that he did not “consider the notice posted to the website nor this response to be in compliance with the public records laws” and requested UM follow the recommendations contained in the MEC’s Preliminary Report and Recommendation “even if not yet adopted.”* UM informed Mr. MR that UM would revisit the disclosure of involved third parties after receiving more direction from the MEC.” On June 8, 2017, Mr. Hendrix filed a complaint with the MEC."” ARGUMENT, 1. Booster Names Mr. EBs complaint avers that “the redaction of booster names violates Mississippi public records laws.”"! UM believes that the public interest is best served by releasing the names of boosters listed in the 2016 Notice of Allegations (“2016 NOA”) and the 2017 Amended Notice of Allegations (“2017 NOA”). As such, UM’s position is that it wants to release versions of the above referenced documents, along with UM’s responses, with only the names and personally identifiable information related to student athletes redacted. However, issues related to the privacy interests of boosters whose names appear in those documents have yet to be fully litigated. Currently, issues related to the privacy interests of boosters in the context of the Mississippi Public Records Act are pending before the MEC. On June 2, 2017, the MEC issued a Preliminary Report and Recommendation (“PRR”) in the pending matter.'* The PRR recommended that the 2016 NOA and the 2017 NOA “involve matters of legitimate public concern which outweigh any right to privacy, if any, which extends to the boosters who are alleged to have been involved in NCAA rules infractions.”"* Although UM does not contest the result recommended in the PRR,' the PRR allowed another party to intervene to provide a written response to the PRR for the MEC to consider.'* Accordingly, the MEC has not yet had an opportunity to address the concems raised by the intervener or issue a Final Order accepting, rejecting or modifying the PRR. Thus, considering the “legitimate”!® and “tangible concerns”"’ related to UM’s potential tort liability, it would be premature for UM to release the documents requested by Mr. [J As previously disclosed to Mr. J. UM § See Exhibit D. oid "See Exhibit E. ny ” See Exhibit F. Bid. at 2.11 * As explained in UM’s response to the PRR, because UM agreed with the result recommended in the PRR regarding the release of the names of boosters, UM did not seek a hearing to dispute the PRR's proposed findings of fact or the PRR’s proposed findings of law. By doing so, and based on the unique circumstances presented in the pending matter, UM did not concede that the PRR. was, in all ways and in all con law. "Td at3.4 xts, consistent with applicable will revisit the disclosure of involved third parties after receiving more direction from the MEC. According to the MEC’s website, the commission’s next meeting is set for July 14, 2017.'* 2. Request for Declaration Mr. Es complaint requests the MEC issue a declaration “that the University (and any government agency) has possession of public records if its legal counsel has copies of the public records even if said counsel is not in Mississippi.”'® UM asserts that the MEC need not address this issue in the context of Mr. IINNNIEEs complaint, First, UM did not raise this issue when responding to Mr. [INNNNIEPs request for public records. Second, the issue is already before the MEC to consider when it accepts, rejects or modifies the PRR that is part of the Robertson v. University of Mississippi, NO. R-17-008 matter. CONCLUSION UMS position is that with the completion of the NCAA investigation, the public interest is best served by providing the requested documents with the names of boosters un-redacted. UM looks forward to resolving this matter and receiving further guidance from the MEC regarding UM's position to make the names of boosters publicly available. If possible, UM requests that when issuing a Final Order, the MEC consolidate this complaint with the complaint lodged in the _Robertson v. University of Mississippi, NO. R-17-008 matter. A copy of this Response will be forwarded to Mr. (I RESPECTFULLY SUBMITTED, this the 20" day of June, 2017. ae Robert T. Jolly Assistant General Counsel University of Mississippi 'S hup://www.ethics.state.ms.us/ethics/ethies.nsf'webpage/A_main?OpenDocument, " Seo Exhibit E.

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