Ethics 2

When examining this particular situation, I decided to look to previous Supreme Court cases as well as codes of ethics to determine the best solution. This situation is complicated in its dealings with confidential academic records and requires careful examination.

There are many things for the editors to consider when deciding whether or not to print this story. Is it ethical to use the information in the package? In New York Times v. U.S.(1971)1, The Supreme Court ruled that the press can publish classified governmental documents that were given to them by an anonymous source, thus giving the media more power in the First Amendment. Although the information regarding the athlete’s academic history was not legally obtained by the first party, it is newsworthy and it should be published. However, because of The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment2, the paper cannot publish the athlete’s name

It is responsibility of the journalists to seek the

1New York Times v. U.S. (Pentagon Papers), 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed.2d 822 (1971), 53, 55, 558

2The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)

truth and report it. The athletes’ academic inefficiencies are punishable through the NCAA3 and the University, and therefore are of public interest and should be addressed immediately.

The student newspaper has the responsibility to report the news in a timely manner, and if the paper chooses to wait and publish the story until after the NCAA tournament, it could potentially be accused of covering up evidence of these illegal actions.

Another thing the editors should consider is what impacts publication will have on the many parties involved. The main person involved is the athlete. If published, the article could subject the athlete to punishment by the NCAA3, and the University, potentially preventing him from playing basketball again. Also, the emotional stress from the situation could affect him.

Additionally, the athletes’ teammates will probably face an investigation of their academic records as well, which could result in dismissal of more players if their records are found to be inefficient as well.

The editors need to be aware of the effects that this

story could have on the coach and his career.

3 http://www.ncaa.org/news/2001/20010716/active/3815n12.html

If published, the story could prompt an in-depth investigation of his actions as well. If he was directly involved in the camouflaging of the athletes’ academic deficits, he could face fines from the NCAA4 and dismissal by the university as head coach of the basketball team.

Another major party that will be affected is the Universities’ Athletic Department, and the academic advisors they provided for the athlete. The Athletic Department will be forced to submit its records to the NCAA and could potentially be put on probation5, and thus, have records and awards won by the team in which those players that were ineligible competed, revoked. The academic advisors provided by the athletic department to the athlete could face investigations and suspension and/or dismissal from the University for their involvement in the scandal.

The University, which is funded by the state and alumni donations, could incur a financial loss as well. No one wants their money attached to scandalous actions. Additionally, the University and its’ Athletic Department’s relationship with the NCAA will be damaged. The credibility of the University and its athletics will lessen with the

4http://www2.ncaa.org/media_and_events/press_room/2005/may/20050510_nichollsstate_inf_rls.html

5http://www2.ncaa.org/media_and_events/press_room/2005/november/20051117_georgiatech_infractions_rls.html

uncovering of this scandal.

The faculty members who aided the athlete in his pursuit to remain eligible will also face suspension and/or dismissal from the University. Also, the person who gave the records out in the registrar’s office could be fired.

Outside of the people directly related to the athlete, the editors of the paper could incur some damages as well. If the story is met with a backlash,