AFA has different guidelines, but is more open than many

June 27, 2009 - 6:04 PM
THE GAZETTE

While most schools follow the Family Educational Rights and Privacy Act, Air Force bases decisions on what it makes public on the Freedom of Information Act, the Privacy Act of 1974 and Department of Defense guidelines.

"The basic principles of the DoD are maximum release, minimum delay, provided we're not giving away national secrets," said David Cannon, the director of communication at the academy.

"Our goal across the institution is to live up to that. We're a taxpayer-funded institution, so we think we owe it not only to (reporters) but to (their) readers to be as open as we can, provided we're not violating a cadet's privacy under the privacy act."

According to Lt. Col. Brett Ashworth, the director of public affairs at Air Force, the academy's rule of thumb is to release anything that could be obtained by filing a Freedom of Information Act request.

Upon request, the academy will release athletic department budget numbers, including the contracts and salaries of its coaches. But under the privacy act, "all sorts of things are not releasable unless we get the student's permission to do so," Cannon said.

That includes grades, hospital stays, home addresses and telephone numbers. Injuries suffered in athletics are not releasable unless athletes sign a consent form. Otherwise, they are protected by the Health Insurance Portability and Accountability Act.

"We're very sensitive to the privacy act and, of course, anything that has to do with athletes we coordinate with our legal office to make sure what we release does not violate cadets' privacy," Ashworth said.

There is some gray area where FOIA and the Privacy Act meet.

In mid-April, the academy confirmed to The Gazette the suspension of starting cornerback Reggie Rembert but only said it was for "a violation of academy standards." It would not divulge the exact infraction nor the length of the suspension (because that could reveal what kind of infraction was committed).

In 2007, when 40 cadets were questioned about cheating, the academy released the number of varsity athletes included but not their names.

"Each one of those is handled on a case-by-case basis," Cannon said. "So letting you know a cadet is suspended, part of what we look at is, is that cadet in the public eye? Now a potential starter on a varsity team, one can argue that puts them in the public spotlight."

If criminal charges are involved, the case becomes public record and is releasable.

Air Force fared well in the Columbus Dispatch's investigation. The newspaper reported that the academy withheld no information that was requested regarding team flight manifests and complimentary tickets.

The Dispatch reported that the academy did not keep records of NCAA violations, but that, according to Cannon, is because the athletic department has not committed a major NCAA violation since records were kept back to the 1950s.

Air Force received a poor mark when it came to releasing summer job forms - the Dispatch said the academy refused to provide information in an effort to protect privacy. But that's because cadets' summers are different from those of students at other schools.

"Our cadets, regardless if they're an athlete or not, don't have summer jobs," Cannon said. "Their summer job is to continue to be a United States Air Force Academy cadet at a base somewhere or in an educational capacity or being part of the cadre here at the academy."