Knight counters Brand, waives rights

Former basketball coach Bob Knight countered statements by IU President Myles Brand and waived confidentiality rights to his IU employment records in an affidavit expected to be filed today, the lawyer for plaintiffs in an open records lawsuit against the University said Tuesday.\nThe affidavit could prove beneficial for the plaintiffs in two lawsuits related to Knight's termination.\nThe Knight supporters, who filed a lawsuit last October, allege Brand violated Indiana's Open Door Laws when he fired Knight in September. Brand consulted with two groups of four trustees before firing the coach.\nThe University maintains no quorum was present at any meeting with Brand, eliminating the need for public notice.\nA lawsuit filed by The Indianapolis Star in October 2000 claims IU violated Indiana's Access to Public Records Act, which allows individuals and agencies the chance to review and copy public documents. The suit seeks open disclosure of Knight's personnel file.\nIn the affidavit, Knight responds to each of the arguments Brand used to explain the firing of Knight, said Gojko Kasich, lead attorney for alumni plaintiffs.\nThe University is bound by law not to disclose information concerning the terms of Knight's employment, Kasich said. But in the affidavit, Knight permits IU to publicly discuss those parameters.\n"Knight agrees nothing could be any worse than things IU's said already," Kasich said. "The University can't hide behind that veil anymore."\nKnight's contract delegated former IU president John Ryan the power to fire Knight only if the athletics director filed a formal written complaint. A hearing would then commence to allow Knight to respond publicly to charges.\nThe same contract delegated the board of trustees the power to terminate Knight at any time through a majority vote.\nThe September 2000 meetings between Brand and members of the board violate the provision and the Indiana Open Door Laws, the alumni plaintiffs' lawsuit alleges.\nA 1987 resolution passed by the board gave then-president Tom Ehrlich the authority to "execute" contracts at any time -- but not, Kasich said, to terminate them.\nKasich said Knight was never advised to the delegation of power to terminate his contract and confirms it in his affidavit.\n"What controls relationships between Knight and IU is his contract," Kasich said. "Knight was never made aware of who could fire him, so the University's claims don't apply here."\nKasich will also file a procedural response responding to a Sept. 21 motion by the University to accept the fans' case for appeal. Kasich said the fans' attorneys discovered the motion by coincidence and were never notified of its filing. State law permits Kasich to respond to all filings by the opposing parties within 15 days. The 15th day will be Thursday, he said.\nThe Indianapolis Star counsel Kevin Betz has not seen the affidavit but said The Star "firmly believes" Knight's employment records should be made public.\n"Any affidavit by Knight waiving his confidentiality concerns simply adds one more element to the mix that (the documents) should be public," he said. "The trustees should make them public to the citizens of Indiana."\nBetz said that Knight and The Star are in agreement the documents be made public should "tell the University something."\n"I don't know if Bob Knight has a long record of agreeing with the media about anything," Betz said.\nUniversity spokeswoman Susan Dillman declined to comment on the affidavit's affect on the University's position. She said University counsel has not had a chance to review the document. \n"The bottom line is this discussion should take place in a court of law," she said.\nKnight attorney Russell Yates did not return a phone call by press time Tuesday.\nKnight is men's basketball head coach at Texas Tech University. An official in the Texas Tech Athletic Department said Knight was traveling and could not be reached for comment.\nCampus editor Cory Schouten contributed to this story.