State's decision to 'do nothing' prompted Simon's legal action

In a claim Simon's attorney sent to the Arizona Board of Regents April 8, the former University of Arizona basketball player and 1997 NCAA Tournament MVP asked for $1 million in damages, saying he "suffered embarrassment, ridicule and emotional distress" after his privacy rights were violated.

The state's Risk Management Division did not respond to the claim, prompting a civil lawsuit filed Tuesday in federal court in Los Angeles.

"That's not unusual, given the nature of the claim," said Howard Boice, public information officer for the state Department of Administration. "We can deny it, or accept it, or whatever, or do nothing. We've done nothing, and now they have gone to federal court."

Simon, now with the Orlando Magic, alleges that the university was negligent when someone disclosed academic information that contained details of his academic probation and classes he took to bring up his grades. The information was the basis for an October 1997 Kansas City Star story that reported Simon regained his athletic eligibility after the UA made exceptions to its academic policies.

The Family Educational Rights and Privacy Act prohibits the release of most personally identifiable education records without a student's consent. Individuals' grades and transcripts are among those protected records.

Numerous UA and state officials yesterday were tight-lipped about the lawsuit, saying they had not yet received a copy of the civil complaint but expect to within a few days.

"Even if we had (received it), we never comment on pending litigation," university attorney Mike Proctor said yesterday.

UA President Peter Likins and Vice President for Undergraduate Education Michael Gottfredson, who are named in the lawsuit and received copies of the claim in April, were out of town yesterday and unavailable for comment.

University spokeswoman Sharon Kha refused comment.

"In the case of any pending lawsuit, and particularly in this one where the whole issue is student privacy, the university can't comment," she said.

Officials at the board of regents' office in Phoenix said they had not seen the complaint and directed questions back to the UA's attorneys. The board and the university are defendants in the suit.

The Kansas City Star, its editor, Mark Zieman, the reporter who wrote the article and Knight Ridder Corp., the paper's parent company, are also named as defendants in the complaint.

Simon's attorney, Milton Grimes, said yesterday he believes the newspaper is also liable because it printed the improperly obtained information.

"They disseminated that information knowing that it was illegally released," Grimes said from his office in Newport Beach, Calif. "And they related a libel and defamation, saying he has received preferential treatment."

Zieman could not be reached for comment yesterday. Dinn Mann, deputy managing editor of the Kansas City Star, said the newspaper had not yet seen the lawsuit and had no comment. Representatives of Knight Ridder said they would not comment until they see the suit.

Grimes would not go into the details of the lawsuit but said he is still trying to determine exactly how the academic information was released.

The UA launched an investigation last year but did not pinpoint anyone who may have been responsible for the leak.

UA Athletic Director Jim Livengood said yesterday he had no comment about the suit but that it raises important student privacy issues.

"I think that's always a concern," he said. "We're trying to the best job we can (to protect privacy) in the athletic department. We remind people that student privacy is a very, very serious issue."

Kha said administrators have heightened their privacy awareness in light of the Kansas City Star article and the uproar over the illegal release of student and staff Social Security numbers to two corporations in early 1998.

"The university has always had very detailed rules about student privacy," she said. "Since Dr. Likins has been president, he has taken an increased interest in that, not just when it comes to grades, but looking at our systems and also our habits."

Privacy is even more of a concern for athletes in the public eye, Livengood said.

"Because of the limelight or because of the spotlight - just because of their visibility - they're viewed in a different way," he said.

Simon has recently spent time practicing with the UA men's basketball team at McKale Center.

"I don't think that's a problem," Livengood said in light of the lawsuit. "- I wouldn't want to jump to any conclusions about right now, but we need to look at a whole lot more things."

Simon could not be reached for comment yesterday.

Joseph Altman Jr. can be reached via e-mail at Joseph.Altman.Jr.@wildcat.arizona.edu.