Friday, January 6, 2017

McRaven's Farcical SCOTX argument against Wallace Hall....


"Let no one deceive you with empty words, for because of these things the wrath of God comes upon the sons of disobedience."
Ephesians 5:6

From the Statesman's summary of Wednesday's hearing:
The case has broad implications not only for other college and university governing boards but also for scores of state agencies, commissions, retirement systems and various authorities, according to McRaven’s lawyers, who include a former chief justice of the state Supreme Court, Wallace B. Jefferson.

“Hall’s rule would allow any of these hundreds of individual board members to conduct wide-ranging investigations, driven by personal whim and subject to no limitations, at substantial cost to the agencies tasked with producing the documents — and all without explicit Legislative authority,” McRaven’s lawyers wrote. “The Legislature wisely declined to confer such sweeping inquisitional powers upon individual regents.”

Moreover, McRaven’s lawyers added, Hall did not meet the “legitimate educational interest” standard that would justify access to private student information under the federal Family Educational Rights and Privacy Act, often referred to as FERPA.
McRaven's argument is stupid: The entire point of having a board with multiple members is so individual members can perform due diligence as part of their fiduciary duty to the institution.

Then there's the fact that, in this case, multiple other members of the Board actively participated in the cover-up.

Bottom Line: The merits of this case are obvious.  Unfortunately, the politics behind it are complicated.  We'll see what happens Wednesday.

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