Freep Article: "Free Press sues MSU over donor gifts to fund Mel Tucker's salary"

Submitted by bcnihao on June 22nd, 2022 at 11:24 AM

MSU objects to Freep's state FOIA request.  article link

Blue Vet

June 22nd, 2022 at 1:16 PM ^

I couldn't tell from the article if freep had a specific reasons for wanting to see the contract.

But the New York Times had an article today that suggests one possible reason—and why MSU is resisting. The article, about private lawsuits being used to enforce Title IX rules, discussed an aspect of Title IX I hadn't realized: colleges not only have to fund men's and women's sports equally, the funding equality includes donations.

So if someone donates big bucks to a football coach—taking an example at random—that counts as the school's funding for men, and it must allocate the same amount to women's sports. 

I think the article's paywalled but maybe you can access the link:

https://www.nytimes.com/2022/06/22/sports/title-ix-gender-parents.html

PeteM

June 22nd, 2022 at 3:54 PM ^

I don't know the answer to this question, but am curious if this applies to coaching salaries. The article does say that private donations can considered under Title IX. However, the context in the piece is focused on the quality of faclities, fields, equipment etc. I assume that at most schools the impact of football and men's basketball coaching salaries alone meant that men's coaches overall were making more than women's. I have no idea if courts have ruled, but I assume the defense to a Title IX challenge would be that schools might argue that quality of the men's/women's coaching staffs are equal even if the cost isn't.

NRK

June 23rd, 2022 at 3:40 PM ^

Freep's attorney is Herschel Fink from Hertz Schram, he's quoted in the article. He went to Wayne for journalism and got his JD from Detroit College of Law, which is now MSU College of Law.

 

This is also quite obvious and predictable response to pretty poor FOIA response by MSU.

 

 

Wallaby Court

June 22nd, 2022 at 11:41 AM ^

As much as I know we want to poke fun at MSU, fans in glass houses should not throw stones. Michigan has been at least as bad about stonewalling FOIA requests as MSU. Brian, Seth, and Ace have all posted about and recounted the Herculean efforts needed to have simple and noncontroversial requests answered.

Wallaby Court

June 22nd, 2022 at 12:25 PM ^

Is it really a glass house if, as you state, Brian, Seth, and Ace have all thrown stones at our own school? 

Yes, because those critiques have no bearing here. I could not call out Brian, Seth, or Ace as glass house dwellers. They have acknowledged and critiqued Michigan's lack of transparency. But here, NeverPunt lives in a glass house (by being a fan of Michigan, which has its own problems with transparency, and apparently failing to acknowledge those problems) and started throwing stones (by criticizing MSU for a lack of transparency).

FrankMurphy

June 22nd, 2022 at 12:31 PM ^

I agree with the Free Press on this one. MSU is a taxpayer-funded institution whose mission is to serve the people of the State of Michigan, and the taxpayers of the State of Michigan have a right to see the terms of the contracts that MSU enters into (with some narrow exceptions, none of which apply here).

Having said that, I have zero doubt that U-M would also stonewall such a FOIA request, so I don't think this is an issue on which we can wag our fingers at Sparty.

oriental andrew

June 22nd, 2022 at 12:55 PM ^

I have zero doubt that U-M would also stonewall such a FOIA request, so I don't think this is an issue on which we can wag our fingers at Sparty.

Sure we can, as long as we treat our own university objectively and wag our fingers at them in similar situations. 

Based on what I've seen, most of the commenters were fairly objective and harsh w/r/t Bo, Anderson, et al, as an example. 

The Geek

June 22nd, 2022 at 1:09 PM ^

I work for a large government organization and we occasionally get FOIA requests (2-3/year). It’s part of my job to formulate the official responses (not a lawyer, but I work closely with our in-house attorney).
 

Some of the FOIA’s are from legit crazy M-F’s with  conspiracy theories that we still respond to, but those are a blanket “thank you but we can’t help you.” 

It’s incredibly easy to redact and withhold information you don’t want public in a FOIA, and I bet most institutions would delay, delay, delay just like UofM, MSU, and countless other bodies.

There really is no recourse for the requestor if the agency just sits on the request besides a lawsuit, and most people don’t have the means and/or the time to fight it. 

pescadero

June 22nd, 2022 at 1:24 PM ^

"Having said that, I have zero doubt that U-M would also stonewall such a FOIA request, so I don't think this is an issue on which we can wag our fingers at Sparty."

 

The University of Michigan is notorious for being the worst to FOIA from among all universities in Michigan, and the worst among B1G universities.

UMForLife

June 22nd, 2022 at 1:31 PM ^

MSU is a target because they threw so much money at Mel. Michigan turned around and cut Harbaugh's salary. I agree in principle that FOIA requests are there for a reason and everyone should honor it. Will not be surprised if UM stonewalls it, but MSU is a target for the big dollars they wanted to spend on a coach. 

 

AZBlue

June 22nd, 2022 at 6:06 PM ^

Not only did they throw a boatload of money at Mel - they touted the fact that it was primarily funded by private donations so that "the taxpayers" could not raise a stink.  That is a good strategy unless they did not realize the possible title IX implications of that.

For those familiar...would this (if true) be a obvious infraction of the statute or is it something that would rely on interpretation? 

Wolverine 73

June 22nd, 2022 at 1:39 PM ^

It isn’t just universities that do this.  It is routine for cities, schools, government agencies etc. of all stripes to stonewall FOIA requests.  It’s almost as if the employees of those entities, who work for the taxpayers, consider them a nuisance when they want to see records of what is going on in the entities.  FOIA litigation is expensive and it is hard to achieve a timely result, so the stonewallers often get away with it.

BahamaMama

June 22nd, 2022 at 9:29 PM ^

My last job was with a contractor for the State of Michigan. I was required to get FOIA requests turned around and back to the State within 5-7 business days per our contract. We were fined if the requests were not done in time. I can’t tell you how many times I was contacted by the person, company, etc. who filed the request when it wasn’t honored in a timely fashion. I would get them them to the appropriate office on time, what happened to them after that was usually a mystery. If the State didn’t want the info released, they were very creative with their response.

mgoblue78

June 22nd, 2022 at 10:01 PM ^

And, why would any institution subject to FOIA have any basis to object to production to a binding contract between a major donor and the U? What terms bind the state subsidized institution as a condition of the donation? Inquiring minds want to know.