Banner-Herald files complaint against UGA Athletic Association alleging open records violation

The Athens-Banner Herald filed a complaint this week, alleging the University of Georgia Athletic Association has violated the Georgia Open Records Act by failing to provide documents requested by the outlet. 

The requested documents pertain to the name, image, likeness policy adopted by the NCAA in July. The Banner-Herald has requested the UGA Athletic Association to provide copies of UGA athletes' NIL disclosure documents in its possession, pursuant to the Georgia Open Records Act.

UGAA has declined those requests, citing the Family Education Rights and Privacy Act (FERPA). 

Attorney David Hudson, working for the Banner-Herald on behalf of the Georgia Press Association, shared with the Athletic Association reasons why FERPA does not exempt the requested NIL documents from disclosure, stating that NIL documents are not academic records and apparently are not maintained by the University’s Registrar.

"Access to open records is a vital element of our democracy," said Athens Banner-Herald executive editor Caitlyn Stroh-Page. "Ensuring the people of Athens-Clarke County and the state of Georgia have access to information owed to them is a core principle of journalism. We hope this action permits and fosters further transparency between our public entities and the citizens they serve."

The NCAA NIL policy states collegiate athletes can engage in activities — including earning money from endorsement deals, appearances and merchandise sales — that are consistent with the law of the state where the school is located. While name, image and likeness opportunities became available to college athletes in July, rules remain in effect to avoid pay-for-play and improper inducements tied to athletes choosing to attend a particular school. 

By August, Bulldogs quarterback JT Daniels and wide receiver George Pickens held a private signing with Sports Collectibles. Daniels works exclusively with the company for autographed items, starting at $93.95 for a Southern Cal photo (where Daniels previously played) to $1,075.95 for a signed Georgia jersey.

Bulldogs running back James Cook and cornerback Kelee Ringo are among several college players who have NIL deals with Bojangles.

The Athletic Association requires UGA athletes with NIL contracts to report details to the association, documents that have been requested by the Banner-Herald. 

The Banner-Herald's complaint asks the court to order the UGA Athletic Association to provide the requested documents and pay for the Banner-Herald’s costs and expenses, including attorney fees.

— Athens Banner-Herald UGA athletics reporter Marc Weiszer contributed to this report.