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UM policy: No info about student-athlete injuries
By BOB MESEROLL of the Missoulian

The University of Montana's policy of not providing information about injuries to its student-athletes is out of step with virtually every other four-year college in the state, most notably rival Montana State.

In fact, Montana's athletic department-wide policy is unique among a handful of Bowl Subdivision schools also contacted by the Missoulian, including perennial national powers USC, Oklahoma and Penn State.

Montana athletic director Jim O'Day said the university adopted its current policy at the direction of UM legal counsel David Aronofsky.

Aronofsky said Montana's privacy laws are among the strongest in the nation. He cited a portion of the Montana Code Annotated that states: “A university or college shall release a student's academic record only when requested by the student or by a subpoena issued by a court or tribunal of competent jurisdiction. A student's written permission must be obtained before the university or college may release any other kind (emphasis added) of record unless such record shall have been subpoenaed by a court or tribunal of competent jurisdiction.”

So if UM is following the letter of the law, how are the state's other colleges finding a way around it?

“Every student-athlete in every sport signs a waiver,” said Montana State University sports information director Bill Lamberty, who was quick to add that signing the waiver is voluntary, not mandatory.

“Most of them do.”

Making waivers available on the Missoula campus has never been suggested, O'Day said.

“It's never been brought to our attention,” he said. “I doubt the coaches would bring it to our attention. They prefer to utilize it to the best of their advantage.

“Would we look at it? Possibly, but not in the immediate future.”

One recent example of UM's refusal to release information about an injured player came in the Grizzlies' 46-10 win over Southern Utah on Sept. 13. Quarterback Cole Bergquist left the game with an apparent injury and did not return. Football coach Bobby Hauck said in the postgame press conference that Bergquist “got a little banged up.”

When sports information director Dave Guffey escorted a Missoulian reporter to the locker room to interview Bergquist for a column, he was told Coach Hauck did not want the quarterback speaking to the media.

At the coach's weekly news conference the following Tuesday, a reporter asked Hauck what he could say about Bergquist. Griz fans were concerned about the QB's availability for the next game.

Hauck answered facetiously that Bergquist is a business major from California, and his dad is a dentist. End of conversation.

Carroll College, which has won the NAIA football national championship in five of the last six years, is similar to Montana State in its disclosure of injuries, although the athletes do not sign a blanket waiver.

Bruce Parker, Carroll's athletic director, said the school obtains permission to release information about an injury from its athletes on a case-by-case basis.

“More often than not, the student-athlete says, ‘Sure, I don't care,' ” Parker said, adding that in his 5 1/2 years as the athletic director a player has never denied permission.

Calls to every other four-year college in the state found the most restrictive policy at Division II Montana State-Billings and more liberal informal policies at the University of Great Falls, Montana-Western, Montana Tech, Rocky Mountain College and MSU-Northern. All seek permission from an athlete before releasing information.

Even MSU-Billings will release general information about injuries and a player's availability for a given game, athletic director Gary Gray said.

At MSU-Northern, football coach Mark Samson is also the athletic director.

“I'm not going to hide anything from anybody,” said Samson, whose son Kyle played for the Grizzlies for a season before transferring to Northern. “If a kid's hurt ... I would probably tell anybody, ‘No, he won't play.' ”

On the national level, most of the school officials contacted by the Missoulian said they provide privacy waivers to their student-athletes similar to the ones used at Montana State.

Many of the sports information directors at Bowl Subdivision schools use injury reports similar to the NFL. For instance, a recent press release from USC listed players as probable, questionable and out. The injuries were listed in general terms - foot, ankle, neck.

“We have all of our athletes sign a form when they first get here that includes the ability for the university to release medical information,” said USC football sports information director Tim Tessalone. “To my knowledge, we have not had any athlete not sign that form.

“We have always provided in general terms information on injuries. Our coach (Pete Carroll) talks after practice about players who are banged up.”

A recent story in the Seattle Times quoted University of Washington offensive coordinator Tim Lappano as saying quarterback Jake Locker's thumb injury “was one of the worst thumb injuries (the doctor) had seen as far as how the bone was fractured.”

“Our policy varies from sport to sport,” said Washington sports information director Jeff Bechtold, who said Huskies athletes sign waivers. “In football's case, everything comes from the coach himself. As the SID, if he doesn't say it, I don't say it.”

At the University of Montana, nobody says it.

Sports editor Bob Meseroll can be reached at 523-5265 or at sportsdesk@missoulian.com.


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Mark wrote on Oct 26, 2008 8:52 AM:

" It is the way that it is always been. An Athlete gets injuried, or is disicplined in some manner, and it is reported in the news. That makes it right and the correct way to do things. I like to know what is going on because, right? Probably not. With privacy laws we need to respect each individual including athletes. College and high school sports should be about teaching our athletes about life in the "real world". Reporters, fans, what ever the people on egriz are all need to understand that. I want to know but it is up to the athlete not the program, not the reports (who by the way do not report any longer, they are more gossip columnist that true just the facts reporters.) "

Gerald E. McPherson wrote on Oct 26, 2008 10:32 AM:

" The legal advisor for the UM is correct. Student information needs to be protected per the law--that is why this particular law was written. The fact that other Montana schools don't understand this just proves their legal staff isn't as good as UM's.

Waivers being voluntary--that is just BS.

The current method the UM uses protects the student/athletes privacy.

The press and/or anyone else does not have a need-to-know to justify release of student information.

One is left after reading this article--why was it written--?? UM is following the law--get over it. "

Bill wrote on Oct 26, 2008 3:45 PM:

" This is a bit of a pointless article. Doesn't it just seem like an overview of HIPAA? "


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