NIL Contracts (California State University, Fresno) • MuckRock

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Communications

From: Natalie Katsaros

10/23/2023

Subject: California Public Records Act Request: NIL Contracts (California State University, Fresno)

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Student athlete contract disclosures given to the University regarding student athlete name, image, and likeness activities from July 1 2021 to October 23 2023.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Natalie Katsaros

From: Muckrock Staff

11/02/2023

Subject: RE: California Public Records Act Request: NIL Contracts (California State University, Fresno)

To Whom It May Concern:

I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on Oct. 30, 2023. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

From: California State University, Fresno

11/09/2023

Subject: PRA 23-129: NIL Contracts (California State University, Fresno)

Dear Natalie Katsaros:

We received your October 30, 2023, Public Records Act request for copies of
the following records:

“Student athlete contract disclosures given to the University regarding
student athlete name, image, and likeness activities from July 1, 2021 to
October 23, 2023.”

California State University, Fresno conducted a reasonable search for these
records under Government Code §7922.535 and determined the records you seek
are exempt from production under the Public Records Act and will not be
produced. California Government Code §7927.705; 20 U.S.C. § 1232g.

These records constitute student education records as defined by the Family
Educational Rights and Privacy Act (FERPA), a Federal law that protects the
privacy of student education records. Records protected by FERPA are exempt
from production under the Public Records Act by way of California
Government Code §7922.000. FERPA prevents the disclosure of information in
a student’s education record absent the consent of the student, or under
limited express conditions. 34 CFR §99.31.

In addition, the information will not be disclosed pursuant to Govt. Code
§7922.000, which permits nondisclosure when, on the facts of the particular
case, the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record. Here, the
constitutional and statutory privacy rights of students clearly outweigh
any public interest served by disclosure.

For the reasons stated above, the university will not be providing records.

If you have any questions, I can be reached via email or by phone at
559.278.7461.

Sincerely,

Esther
Esther Gonzalez
Office of the Vice President for Administration
California State University, Fresno
Phone: 559.278.7461 <(559)%20278-7461>

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