Stephanie Baker Wilcher, a Stanford attorney representing the school, said in a letter to the Kentucky attorney general's office regarding the Advocate's request that the only records in question at the school are "a handful of e-mails containing information gathered by (athletic director Julie) Lair during her investigations and recommendations as to what sanctions could be appropriate."
Wilcher said in her letter that "because Ms. Lair's efforts are investigative and preliminary in nature and no written notice of the final action exists," the school maintains the records meet the standards for exemptions under Kentucky law. She also said the denial is consistent with prior opinions from the attorney general's office and with Kentucky case law.
In filing the newspaper's open records request, Advocate Managing Editor John Nelson contended that because a final action was taken, the e-mails are no longer preliminary.
KHSAA said it has no records
A request for records was also denied by the KHSAA, which said in its response that it has no records pertaining to the matter.
KHSAA assistant commissioner Julian Tackett said last week that the association learned of a possible violation in an anonymous letter, and Nelson referred specifically to that letter in the newspaper's request.
Tackett could not be reached for comment Thursday.
In the association's response, KHSAA records custodian Darlene Koszenski wrote: "Without conceding the issue of whether the KHSAA is subject to the provisions of the KORA the KHSAA has no records responsive to your request."
The KHSAA did not conduct its own investigation into Jackson's violation of its "dead period" rule, saying the school's investigation was sufficient and the penalty the school imposed was consistent with other penalties for similar violations.
A ruling over the disputed records is pending from the attorney general.
