David Cuillier, director of the Brechner Freedom of Information Project, is quoted in “Would Direct Payments to College Athletes be Public Records?” posted on deseret.com on May 31.

The article focuses on direct payments that college athletes will be able to receive from Name Image Likeness endorsements (NIL). Under question is whether the players will now be considered university employees and if their payments will be public information.

“Certainly, in most states, payments by government agencies to anyone are subject to public records laws, whether faculty, staff or student workers. That wouldn’t include private universities, but payments from public universities to student athletes should be available for anyone to see. That is, of course, if the legislatures don’t pass an exemption keeping it secret,” said Cuillier.

Cuillier said he doesn’t believe the Family Educational Rights and Privacy Act (FERPA) argument would hold up if schools start making direct payments to athletes.

“FERPA couldn’t be applied because salaries, contracts and other payments shouldn’t be considered ‘educational records,’ like grades or test scores,” he said.

Posted: June 18, 2024
Category: Brechner News
Tagged as: Brechner Freedom of Information Project, college athletics, college sports, David Cuillier, FERPA, name image likeness, NIL, public records