The Commercial Appeal

Ole Miss: No violations came from e-mails

But school refuses to release 31 of them, citing privacy laws

- By Kyle Veazey

Ole Miss says it has found no evidence of NCAA violations in any of the e-mails sent to its compliance department when football coach Hugh Freeze, fed up with accusation­s shortly before signing day in February, tweeted a provocatio­n for people to submit evidence of such misdeeds.

“In the interest of transparen­cy, we can disclose that we have reviewed and considered each of the emails,” Ole Miss general counsel Lee Tyner wrote in a Monday letter to The Commercial Appeal. “Many of those e-mails repeat similar, unsubstant­iated rumors. None of the e-mails provide first-hand informatio­n and none have led to any findings of violations.”

But as for releasing the e-mails themselves, well, that’s a different matter.

Some background: The school said it received 85 e-mails in response to Freeze’s tweet. It released 54 of them on Feb. 22 in response to The Commercial Appeal’s public records request for them — but withheld 31 as it continued to look into whether there might be something there. The newspaper’s request for the records remained in force; Tyner’s Monday letter was in response to questions about them.

The 31 provide “informatio­n that, if supported Hugh Freeze tweeted a provocatio­n for people to submit evidence of recruiting misdeeds back in February. The school received 85 e-mails, but none have led to any violations.

or corroborat­ed, could potentiall­y lead to finding a violation,” he wrote.

Tyner wrote that the school denied the newspaper’s request for those e-mails on four grounds:

Its belief that the NCAA asks schools to keep informatio­n about possible violations confidenti­al while looking into them;

A “reasonable expectatio­n of privacy” to confi- dential informants;

Prevention of disclosure “under applicable Mississipp­i tort law protecting privacy and prohibitin­g the public disclosure of private facts”;

The Family Educationa­l Rights and Privacy Act, a federal law that prevents schools from releasing educationa­l records. (In the February release of 54 e-mails, the school redacted names of recruits, citing FERPA.)

Tyner said that if further evidence leads to Ole Miss finding a violation rooted in informatio­n in any of the 31 e-mails, it would self-report it and cite the e-mail as the source.

“Thus, if any of the emails ever lead to any finding of a violation, that informatio­n will be included in a public record,” Tyner wrote.

The CA’s request for all correspond­ence between Ole Miss and the NCAA concerning violations, a standard and periodic request the newspaper makes, was e-mailed to Tyner on Monday afternoon.

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