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“Most student journalists probably do not understand the value of open records law but many working journalists don’t either,” said Diana Huffman, a media law professor at the University of Maryland. “Reporters tend to think the only way to get a story is to interview someone or get someone to leak information to them.”

Huffman said that getting into the habit of filing open records requests regularly is a good idea.

“Set a goal of filing [a freedom of information] request every month,” Huffman said. “Students can use [such a request] not just for a particular story but also as a source of story ideas. Sometimes the information you receive leads you to uncover a story you had never considered.”

To help college student journalists come up with story ideas, the Student Press Law Center has compiled some examples from recent years where journalists used open records at the college level to dig deeper.

Each of these cases was based on the individual state open records law; so the conclusion might not be the same in every state and would probably only apply to public schools. But these cases may give college journalists ideas of the kinds of records they could be seeking to better cover their school.

Not just the salary, but also the perks

Using open records requests, journalists were able to follow the money trail and force the University of Maryland to release employment contract information for its coaches.

In 2002 a sports reporter for The Baltimore Sun requested the employment contract information of head football coach Ralph Friedgen under the Maryland Public Information Act. The paper also requested “any separate letters of understanding, side letters or similar documents specifying incentives, bonuses, broadcast agreements, athletic footwear contracts and other matters concerning the terms and conditions of [Coach Friedgen’s] employment and compensation.”

The Sun made a similar request for the contract information of Gary Williams, head coach of the men’s basketball team.

The university denied both requests, citing exemptions in state open-records law protecting personnel records and some financial information from disclosure. The Sun then filed suit in the Circuit Court for Prince George’s County.

On April 15, 2004, the Court of Appeals of Maryland ruled that the university must make all the details of its employment contracts public.

The Sun’s initiative to request more than just the salary figures is a good example for student journalists to follow, said Student Press Law Center Legal Fellow Adam Goldstein.

Non-salaried compensation that student journalists should look for include housing, flying first class on flights, free automobiles and other expenses billed to the university, Goldstein said.

Incident report sees light of day

After two years and a lengthy court battle, The Daily O’Collegian, the student newspaper at Oklahoma State University in Stillwater, obtained an incident report on a recent graduate who is now an NFL running back.

The school had refused to release records relating to a 2003 incident involving former college football star Vernand Morency. Morency, who now plays for the Houston Texans, was accused of rape, but school investigators could not substantiate the claim.

A court ordered the school to release the records in January 2005. Morency appealed, but filed a motion to dismiss on Aug. 29, thereby releasing the documents to the newspaper. The paper ran a story on the records Aug. 31.

"It was a victory for collegiate journalism and something I’m proud of being a part of, if only on the fringes," said former Daily O’Collegian Editor in Chief Jared Janes.

Spotlight on parking tickets

In December 1998, Maryland's high court ruled that information about unpaid parking tickets charged to student athletes and coaches as well as NCAA records of related violations must be open to the public.

The Maryland Court of Appeals ruling came two years after The Diamondback, the student newspaper at the University of Maryland's College Park campus, filed suit against the university under the state open records law.

The University had refused The Diamondback access to the records about the student athletes, arguing the records were exempt from the state open records law because they were "education records" covered by the Family Education Rights and Privacy Act (FERPA), commonly known as the Buckley Amendment.

But the Maryland Court of Appeals ruled otherwise, saying that the education records covered by FERPA did not include records of parking tickets or NCAA violations.

"The legislative history of [FERPA] indicates that the statute was not intended to preclude the release of any record simply because the record contained the name of a student," the court's opinion in Kirwan v. The Diamondback said. "Congress intended to prevent educational institutions from operating in secrecy.

"We hold that 'education records' within the meaning of [FERPA] do not include records of parking tickets or correspondence between the NCAA and the University regarding a student athlete accepting a loan to pay parking tickets.”

Keeping the door open on student government meetings

Last November the Court of Appeals of New York ruled that decision-making bodies at public colleges are required to abide by the state’s freedom of information laws.

The ruling came after the College Senate at Hostos Community College, a school in the City University of New York system, denied two students access to public meetings in 2001. One student wanted to attend a meeting where the senate voted by secret ballot to change the curriculum. The court ruled that the Senate was wrong in denying access and also, as a decision-making body, was not allowed to vote by secret ballot. The other student wanted to present a student petition regarding a student protest.

Most public agencies are not obligated to release some information; for example, schools usually keep students’ grades confidential, Goldstein said. But problems arise as to what exactly is exempted legally from public disclosure and what is earmarked as public information.

“Who makes the call as to what needs to be secret?” Goldstein said. “Sometimes administrators don’t know where to draw the line. Making the wrong call isn’t so much a problem as being willing to admit to making a mistake.”

--compiled by Ricky Ribeiro, SPLC staff writer