Matt Mencarini

Lansing State Journal

LANSING - Michigan State University is suing ESPN over a public records request involving police reports relating to ongoing sexual assault investigations.

MSU argues in a court filing that it has been put in an "impossible position" because Ingham County Prosecutor Carol Siemon's office asked the university to withhold the records and ESPN asked for them to be released.

An ESPN Inc. reporter submitted a Freedom of Information Act request with the university Feb. 10 seeking all police reports containing allegations of sexual assault since Dec. 10, 2016, as well as records of arrests made between Feb. 6 and Feb. 9, according to court documents. The request came one day after MSU announced the suspensions of three MSU football players and a staff member associated with the team amid a sexual assault investigation.

MSU provided some reports to ESPN but withheld others because Siemon's office was still deciding whether to issue criminal charges in relation to some reports.

ESPN reporter Paula Lavigne in a phone call last month reminded MSU spokesperson Jason Cody that ESPN won an open records lawsuit against MSU in 2015 and was prepared to sue the university again, according to an affidavit Cody signed as part of MSU's lawsuit.

MSU filed its lawsuit on Monday in the Court of Claims. The university asked the court to issue a decision on whether the police reports can be withheld through a FOIA exemption relating to open police investigations.

The university has repeatedly denied requests from the State Journal for documents and said it was doing so due to ongoing investigations.

Routinely used exemption

On April 24, Ingham County Chief Assistant Prosecuting Attorney Lisa McCormick wrote a letter to the Michigan State University Police Department asking the university to deny ESPN's request because the office had not made a decision on charges relating to some reports.

The university routinely cites this exemption in denying all or portions of documents, including emails and internal university investigations, sought through public records requests.

The incident that involved the three MSU football players, who the university has not identified, occurred around 2 a.m. Jan. 16, the early-morning hours of Martin Luther King Day, on campus at University Village Apartments, the woman’s attorney confirmed in March. It was reported to police the following day. Siemon's office has not announced a decision in the case.

Cody told the State Journal on Tuesday that the university filed the lawsuit because it found itself in a position where it felt it needed judicial guidance.

A message was left seeking comment from ESPN, which declined to comment on the record.

ESPN sued MSU in 2014 after the university responded to a FOIA request by providing copies of reports with the names of student-athletes listed as suspects, witnesses or victims redacted, according to court records. A judge later ruled that the names of suspects could not be redacted. MSU appealed to the state Supreme Court, which declined to hear the appeal.

ContactMatt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter@MattMencarini.