State awaits Simon lawsuit

Wildcat File Photo Arizona Daily Wildcat Former UA basketball player Miles Simon says that Arizona is No. 1 without saying a word at the game against Marathon Oil on November 13, 1997, at McKale Center. Simon sued the University of Arizona and the Kansas City Star for publishing his grades in Oct. 1997.

Simon's attorneys must serve the complaint within four months of the date the suit was filed in federal court, which means the state could be waiting until February, said Chuck Pyle, the assistant attorney general handling the case. Although the delay is routine, "not much is going to happen until then," he said.

Simon, now with the Orlando Magic, filed the $1 million defamation and invasion of privacy suit in U.S. District Court in Los Angeles Oct. 14 after an article appeared in the Kansas City Star Oct. 10, 1997. The news article revealed Simon's grades and stated it appeared he was receiving preferential treatment from the UA to stay eligible to play basketball.

Simon's attorney, Milton Grimes, filed a claim - the first step toward suing a state entity - against the Arizona Board of Regents April 8, in which he said Simon "suffered embarrassment, ridicule and emotional distress" after his privacy rights were violated.

The Family Educational Rights and Privacy Act of 1974 prohibits the release of most academic records, in-cluding grades, without the student's permission. Simon's claim alleges someone within the university illegally released his records.

The state's Risk Management Division did not respond to the claim, prompting the civil lawsuit, which names the Arizona Board of Regents, University of Arizona President Peter Likins and Vice President for Undergraduate Education Michael Gottfredson as defendants because Simon claims they were responsible for keeping his records private.

The Kansas City Star, reporter Mike McGraw, publisher Arthur Brisbane and Knight Ridder Corp., the paper's parent company, are also named in the suit because Simon claims they violated his privacy, inflicted emotional distress and defamed him by publishing the article.

According to the civil complaint, Simon "experienced extreme emotional distress, including physical and mental anxiety, fear, shame, distress, embarrassment and shock to his system" resulting from the defendants' actions.

"Therefore, Plaintiff is entitled to exemplary or punitive damages against those appropriate Defendants, to make an example of those Defendants and to discourage the recurrence of such malicious and intentional acts," the complaint states.

Knight Ridder representatives could not be reached yesterday and previously refused to comment on the case.

UA administrators and attorneys do not normally comment on pending litigation, but in October, Likins said, "It just makes me sad. - That's just the nature of the world today."

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