The University of Arizona has been ordered to release the NCAA's Notice of Allegations against the Wildcats' men's basketball program after ESPN prevailed in a lawsuit filed in Maricopa County.
Arizona received its NOA in October, signaling the end of the investigation by the NCAA's enforcement department, but refused to make the document public. Attorneys for the Arizona Board of Regents argued that releasing the NOA was not in the state's best interests, and that doing so could harm the program'sΒ still-pending NCAA infractions case β particularly since Arizona is using the new Independent Accountability Resolution Process.
But the Arizona Superior Court ruling, dated Monday and filed Wednesday, said the school's reasons for withholding the NOA were "insufficient to protect the release of public records." The court said it must release the NOA "in response to the public records request" but didn't specify a timeline.
The ruling comes amid continuing questions surrounding coach Sean Miller's future at the UA. His contract has not been extended since the FBIβs investigation into college basketball was made public in September 2017. There is now just a year remaining on his deal, a situation that could hurt the Wildcats in recruiting. Miller denied any wrongdoing after ESPN reported in 2018 that he discussed a pay-for-play scheme with an agent, but he has since consistently declined to comment on the NCAA infractions situation.
The judge's ruling said the Arizona Board of Regents did not put forth any evidence that the school's penalty could become more severe as a result of releasing the NOA. Nor could the NOA's release harm the investigation, which can be re-opened within the IARP structure.
The court also ruled that releasing the NOA would not harm the IARP process in general.
"While the Board has expressed its desire to limit the harm caused by 'unproven allegations circulating in the media,' the best interests of the State exception does not exist to save an officer or public body from inconvenience or embarrassment," the court ruled.
The court did deny ESPN's request to pay for its attorneys' fees, saying because Arizona was "grappling with the newness of the IARP procedures" it shouldn't have to do so.Β
The Star also filed multiple public records request for the NOA, including one citing comparable precedent in Arizona, but the school refused.
The court ruling is attached as a PDF.
