Michael Cera’s double role showcases young actor’s versatility, talent
Balls to the wall UK club team not for the weak See Score page 4
See page 2
FRIDAY
JANUARY 15, 2010
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KENTUCKY KERNEL CELEBRATING 39 YEARS OF INDEPENDENCE
E-mail creates confusion among UK community By Roy York ryork@kykernel.com
A storm of e-mails flooded UK inboxes Thursday, spurred by a mysterious message concerning a sorority listserv. The first e-mail students received was sent around 3:30 a.m. Thursday morning from drivers.dvla@gtnet.gov.uk to the SORORITYINFORMA-
TIONLIST3 listserv. Hours later, students replied to the email requesting to be removed as recipients. Their responses were sent to students, faculty and employees across UK, most of whom did not know why they were receiving the e-mails. E-mail responses piled into inboxes with messages ranging from removal requests to casual
conversation to witty banter. Wyatt Brown, an employee in the UK Office of Research Integrity, said he had no idea he was on the listserv and had received 74 e-mails as of 4 p.m. Thursday. “I have a Y chromosome and couldn’t care less about sorority information,” Brown said in his e-mail response to
the barrage of e-mails. “I’d like to know how I got onto this listserv in the first place.” Blair Thomas, an agricultural economics senior and former Kernel editor, said she received 38 e-mails in 30 minutes but had no idea why. Confused and thinking something was wrong with her email account, she called the UK IT department.
After an eight-minute wait, Thomas spoke to an official who said UK was aware of the problem and was working to resolve it. When Thomas asked a follow-up question, she was told by the IT representative to “take a chill pill.” Some e-mails included instructions on how to remove e-mail addresses from listservs. Recipients were
instructed to send a message to listserv@lsv.uky.edu with the text reading “signoff Sorority Information List 3.” Ashley Tabb, Communications Manager for UK IT, said the listserv was turned off when the problem was reported, but any e-mail messages that had already been sent would be delivered.
Earthquake hits home for area students By Katie Perkowski kperkowski@kykernel.com
Michael Scott was in the car Tuesday on a seemingly ordinary trip to get groceries at Wal-Mart when he heard an announcement on the radio. An earthquake had hit the country of Haiti, where his father and brother were on a mission trip. The earthquake registered at 7.0 in magnitude, according to the U.S. Geological Survey’s Web site. Scott, a civil engineering junior, said his family members are traveling with 13 people from Capital City Christian Church, located in Frankfort, to take supplies and help Haitian churches. Scott said he was in disbelief when he heard the news. “When I first heard it, I didn’t know if I heard it right or not,” he said. Scott, who has traveled to Haiti before, said he was especially worried because he knows how unstable ceilings in the country can be. Scott’s mother called him while he was in the grocery store to tell him his dad had sent her a text message letting her know that he and his son were OK. “I don’t think anybody’s talked to anybody on the phone,” Scott said. “It’s just been through text.” Jordan Stuban, a social work sophomore at Bluegrass Community and Technical College, has been on several mission trips to Haiti, including a month-long trip last semester. Stuban spent all of October working at a Haitian orphanage with the Northwest Haiti Christian Mission. Stuban said she first heard of the earthquake through Facebook and has not been able to get in contact with any of her friends that go to school at nearby Port-auPrince, a city devastated by the earthquake. “When you call their cell phones, it says ‘this country can’t be reached right now,’ ” she said. Stuban plans to collect items to send to Haiti and organize a spring break trip to help rebuild communities devastated by the earthquake. Scott said several members of his dad and brother’s work group were able to hike to a satellite phone to let church members know everyone in the group is OK, but they do not know when they can come home. Exact numbers are not known, however Haitian President Rene Preval has estimated tens of thousands of fatalities resulted from the earthquake.
TO MAKE A DONATION The Christian Student Fellowship, located at 502 Columbia Ave., is sending financial assistance to areas of Haiti. Anyone wanting to donate can contact Vanna Sargent at vanna@ukcsf.org or take donations to CSF. Epicenter of a strong earthquake south of Port-au-Prince
Basketball team’s winning ways help save local economy’s bottom line By Garrett Wymer news@kykernel.com
The UK men’s basketball team’s statistics on the court have garnered nationwide attention and a No. 2 national ranking. But it is the numbers the team has put up on South Limestone and Waller Avenue that have many local business owners excited this season. Managers at Kennedy Book Store, Wildcat Textbooks and Campus Pub have all noticed a significant spike in business as a result of the buzz surrounding UK head coach John Calipari and his Cats. The enthusiasm seemed to reach fever pitch after Kentucky’s 88-44 win over Drexel on Dec. 21, said Carol Behr, general manager of Kennedy Book Store, and David Wade, general manager of Wildcat Textbooks. That victory gave UK its 2,000th win, making the school the first to reach the milestone in
Kentucky basketball’s historic 2,000th win has increased sales of T-shirts and other UK merchandise at area businesses. college basketball. The official “UK2K” shirt, commemorating the basketball program’s historic achievement, made history of its own at Kennedy Book Store. “We’ve sold over 10,000 of
Puerto Rico
Caribbean Sea
200 miles Source: USGS and MCT
First issue free. Subsequent issues 25 cents.
that shirt,” Behr said. “I’ve never sold that much of one design before. Not even for a national championship.” The swell in business and sales of UK apparel comes at a
time when Kentucky pride appears to be at an all-time high, at least according to the receipts. But the effect of the team’s success doesn’t stop at merchandise — local eateries and bars are also reaping the benefits of UK basketball’s rewards. Dave Spreitzer, owner of Campus Pub and Patchen Pub, said the excitement surrounding this year’s squad has breathed new life into his business. Campus Pub was filled to the brim for the UK–Florida game on Tuesday night, even with a 9 p.m. tip-off, Spreitzer said. “You can’t put a price on the economic advantage of quality sports teams,” he said. “Business was fine with the Billy (Gillispie) era,” Spreitzer said. “And, even as much as we all loved Tubby (Smith), I didn’t realize how much business had waned over the last four to five See UK2K on page 2
More library computers Child pornography case to appear in court to require university logins news@kykernel.com
Haiti ait iti ti 200 km
Cashing in on the Cats
By Tilly Finley
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PHOTOS BY ADAM WOLFFBRANDT | STAFF
Hands On Originals employees Sammy Raya, right, and Eric Pasquariello print UK shirts to sell at the Wildcat Warehouse store on South Broadway on Thursday.
Those who wish to use a campus computer without a UK login may find themselves out of luck in the near future. UK Libraries will begin the process of removing 105 public computers next week, a decision that has been in talks since the spring semester of 2008, said Associate Dean for Library Information Technology Kelly Vickery. The main goal of the change is to make sure students and faculty have primary access to campus computers. In a time where budget restrictions may mean losing equipment, Vickery said
she wanted to ensure students wouldn’t be at a disadvantage. “We are looking at ways to save money by reducing equipment,” Vickery said. “But our primary motivation is to make sure the remaining equipment is available to students and faculty first and foremost.” The change entails adding an authentication login requirement to 105 previously public computers that required no affiliation with the university for use. Some students feel the change shuts out the Lexington community that UK strives to include. Lyndsay Mountz, a See Login on page 2
A former UK employee that pleaded not guilty to child pornography charges in December will appear in Fayette County Circuit Court Friday for his preliminary hearing. After receiving an anonymous tip of inappropriate material on a computer, UK Police received a search warrant for the UK computer and found hundreds of child pornography images. The university initially suspended Robert N. McAllister, a systems integration analyst for Infor-
mation Technology, after UK Police arrested and charged him, and UK has since fired him, said UK spokesman Jimmy Stanton in an e-mail to the Kernel Thursday. UK Police Chief Joe Monroe said UK Police are working on the investigation with the U.S. Attorney’s Office and could not comment further because of the pending investigation. McAllister will appear in court at 8:30 a.m. — KATIE PERKOWSKI
Newsroom: 257-1915; Advertising: 257-2872
PAGE 2 | Friday, January 15, 2010
FEATURES
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PHOTO BY CHUY CHAVEZ | DIMENSION FILMS
Michael Cera stars as Nick Twisp and his alter ego, François Dillinger, in Miguel Arteta's “Youth in Revolt”.
How Beatty’s ‘Star’ was born LOS ANGELES — Of all the many jaw-droppingly dishy anecdotes in Peter Biskind's new biography, "Star: How Warren Beatty Seduced America," I found myself especially astounded — in a "what would a therapist make of this?" kind of way — by the saga of Beatty's on-again, off-again early '60s affair with Natalie Wood. It was a soulful romance, even if Beatty wasn't exactly faithful, but the strangest events occurred after Beatty had moved on. The coda to the affair, according to Biskind, occurs in the mid1960s, when Beatty began dating Maya Plisetskaya, the Bolshoi Ballet's prima ballerina who, inconveniently, was already married and didn't speak a word of English. Nonetheless, Beatty would occasionally go on double dates with filmmaker Henry Jaglom, who was then seeing Wood. As it turns out, Wood's parents were Russian, so Beatty's ex would serve as translator for his verbal nuzzlements to his new paramour. "Beatty would ask (Wood), 'Tell her how you say, 'I love you more than life itself.'" Needless to say, this is the kind of eye-popping tale that gets people to read books these days, which is why Biskind is a bestselling author ("Easy Riders, Raging Bulls"). Biskind spent untold years trying to persuade Beatty to cooperate with him on his new biography after meeting him in the late 1980s. At some point around 2000, Biskind says Beatty phoned him and told him he was ready to partic-
Horoscope To get the advantage, check the day's rating: 10 is the easiest day, 0 the most challenging. Aries (March 21-April 19) — Today is a 5 — The solar eclipse today focuses your thinking on career and social matters. An important person enters the picture. Hopefully his or her words are not engraved in stone. Taurus (April 20-May 20) — Today is a 6 — You and a partner seek practical means to achieve lofty goals. Some ideas come with their own difficulties. After today, you know which road to take. Gemini (May 21-June 21) — Today is a 5 — A long-lost friend calls or appears. You could revive the relationship, because you share unusual history. State your feelings loud and clear. Cancer (June 22-July 22) — Today is a 6 — A partner or associate brings up a new topic.
ipate in a full-scale biography. But that decision, like so many Beatty decisions in his film career, was immediately undone by a new set of hesitations and back-pedaling. It's possible that Beatty was spooked by the publication of "The Operator," an unflattering biography of David Geffen by Tom King that Geffen had initially cooperated with, much to his regret. "Warren was definitely aware of the fallout from that book," Biskind told me recently. "But he would've been cagey and wary anyway. That's the way he is. What Warren did with me was a lot like what he'd do with the studios. He'd pitch a project, hook you and then when you were hooked, he'd back off and you'd have to sell it to him and beg him to do it, even when in fact he was the one who initiated it." There were times when Beatty was incommunicado, but other times when he was in a wooing mood. "When he'd come to New York, he'd often call me and we'd go out to dinner," Biskind recalls. "When I did a piece for Vanity Fair on 'Reds' in 2007, we talked and talked and I assumed that he knew that everything we talked about would end up in the book. But there was always a lot of procrastination and delay. We'd have a lot of lunches when I'd come to L.A. and sometimes he'd talk and talk and say nothing, and sometimes your jaw would drop with the stories he'd tell."
The issues aren't clear at first. By day's end you begin to see how the pieces fit together. Leo (July 23-Aug. 22) — Today is a 6 — Define your goal today using short-term tactical factors. In the long run, new information will change the picture significantly. Today, stick to your plan and enlist help from a female. Virgo (Aug. 23-Sept. 22) — Today is a 5 — You communicate your ideas far more clearly now. Others grasp the concept and willingly run with it. Creative success is yours. Libra (Sept. 23-Oct. 22) — Today is a 5 — Many issues that were unclear yesterday suddenly are illuminated. Practical words from older people carry you in an independent direction. Scorpio (Oct. 23-Nov. 21) — Today is a 5 — You communicate much better as the day goes along. What starts out filled with doubt and illusion shifts when you ask practical questions and demand
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answers. Sagittarius (Nov. 22-Dec. 21) — Today is a 5 — You feel like you're in the dark when the day begins. Someone close to you sheds light on your situation. Leave home on a full stomach. You'll hear the news this afternoon. Capricorn (Dec. 22-Jan. 19) — Today is a 5 — Pay attention to friends and family all day. Take their phone calls and tell them you love them. You can't overstate that. Try a new restaurant. Aquarius (Jan. 20-Feb. 18) — Today is a 5 — You and a close group of associates have your fingers on the pulse of practical change. All around there's panic, but not you. Wait for the right moment. Pisces (Feb. 19-March 20) — Today is a 5 — Someone wants to rain on your parade. In fact, expect a deluge. Change the weather by extending an invitation to a movie or sports event. COPYRIGHT 2010 MCT
Cera revives typical role for ‘Youth in Revolt’ Michael Cera appears once more as a geeky teen in “Youth in Revolt,” which will certainly please fans of “Superbad” and “Juno,” in which Cera played his typical timid yet lovable characters. “Youth in Revolt” is no exception to the proven formula. Cera again plays a (virgin) teenager with a very amusing confidence COLIN problem that stands in the WALSH way of a pretty and likeKernel able young girl. columnist Nick Twisp (Cera) meets Sheenie Saunders (Portia Doubleday) on a family “vacation” to a trailer park and Sheenie seems to be infatuated with Nick, but you will certainly doubt the extent of her affection for a while — she appears to be out of his league, but that only makes her much more desirable for Nick when he has to leave the “cabin in the woods” — the trailer — and head home. Nick realizes that in order to see Sheenie again, he is going to have to get kicked out by his less-than-classy mother, played by a wonderful Jean Smart, who depends on questionable boyfriends and child support from her ex-husband. Needless to say, mom needs that money and doesn’t want Nick leaving to live with his father who has conveniently relocated to Sheenie’s hometown. Nick’s problem is that he is far too apprehensive to do anything remotely bad
enough to get his loving mom to kick him out of the house. In order to solve his dilemma, Nick creates an absolutely hilarious alter ego, François Dillinger. Nick’s mustachesporting, hell-raising, cigarette-smoking, sarcastic imagined twin provides side-splitting laughter. Playing both roles very well, Cera proves his versatility and his talent as a comedic actor, delivering a very impressive performance. François will sporadically appear to aid Nick in getting to Sheenie, though you will question his ability to succeed — everything François does simultaneously creates more problems and hilarious situations for Nick. If you’re a guy, you will certainly be reminded of crazy things you did (or still do) to get a girl, things that makes sense at the time, but seem so irrational in hindsight that they make you want to punch yourself. At its heart, this movie is about growing up, making mistakes and falling in love — to ignore its charm you would have to forget what it was like to be a teenager. “Youth in Revolt” was certainly written with a very select demographic in mind and doesn’t go easy on the drugs, the alcohol or the dirty dialogue. Most college and high school students will find it hilarious. Mom and Dad, probably not so much.
Colin Walsh is a journalism and English junior. E-mail features@kykernel.com.
NEWS
UK2K Continued from page 1 years.” However, business this season has been incredible because of the excitement surrounding the team, Spreitzer said. Wade compared the current fervor to that for the UK basketball teams of the late ’90s. From 1996 to 1998, the UK basketball team appeared in three straight national title games, winning the championship twice. “We were so good there in the late ’90s … going to the finals for three straight years … but the excitement level (now) is up to and maybe even surpassing that,” Wade said. “Something about this team really has everybody excited.” Internet orders have played a large role in the current influx of merchandise purchases. Behr said probably 50 percent of orders for the “UK2K” shirt have been over the Internet, emphasizing the university’s fan base across the nation. Even over Winter Break, with students not on campus, Wade said Wildcat Textbooks had “a lot of extra work to do,” particularly be-
LOGIN Continued from page 1 communications senior, said she did not think there was a problem with students finding available computers. “As a student who uses the computers in both libraries, I have never been unable to find one available,” Mountz said. “I think that our university and its libraries are a big part of the community and should stay that way by remaining open and accessible to the public.” Lindsey Smith, a marketing senior, uses the computers in the Gatton Business and
cause of Internet orders. The development of the Internet is the main difference between the excitement and economic effect of the ’90s and that of today, Wade said. “As exciting as it was then, the Internet was just coming along,” he said. “There’s UK fans all across the country. Now they can get on the Internet and buy mostly from local companies, because we have the licensed gear. “Now there’s no limit to it.” T-shirts may be the biggest seller when it comes to merchandise, but items like car flags, license plates and magnets are also selling as a result of the fan frenzy. People are looking for any item that can say, ‘Yes, I’m a Kentucky fan,’ Behr said. “People are just hungry to celebrate again,” she said. The eagerness to celebrate is also carrying over to the bars. “We’re selling food, beer, liquor. Everyone’s in a great mood,” Spreitzer said of the crowd at Campus Pub for Tuesday night’s SEC game. “If they keep winning like this, it’s terrific for the local economy,” Wade said. “There’s no telling what can happen.”
Economics Building primarily, where the computers already require a university login. Smith agreed with the change since it would give students priority to use university equipment. “I think the change is a great idea,” Smith said. “It’s important that students have access to these computers first, especially between classes during the day.” Currently, UK Libraries does not track any faculty or student logging on the computer systems. The login requirement was not an effort to monitor what material users are looking at online, Vickery said. “In the long run, we would like to know how often
public machines are being used by students and the public,” she said. “As far as what Web sites are being viewed and when, I have absolutely no interest.” Vickery said 78 computers in the W. T. Young Library will undergo the change, leaving 18 in the building public. The Little Fine Arts Library is also taking part in the change, converting 27 computers to require an authentication login and leaving 10 for public use. The medical school and law school libraries are also looking to take part in the switch but are unsure as to how many computers will undergo the change.
Correction A graphic in Thursday’s Kernel incorrectly stated the number of multi-purpose tractors in UK’s winter weather fleet as 14. The correct number is 10. To report an error, call the Kentucky Kernel at 257-1915 or e-mail editor@kykernel.com.
OPINIONS Friday, January 15, 2010 | PAGE 3
KERNEL EDITORIAL BOARD Kenny Colston, editor in chief Wesley Robinson, opinions editor Melissa Vessels, managing editor Ben Jones, sports editor Allie Garza, managing editor Matt Murray, features editor The opinions page provides a forum for the exchange of ideas. Unlike news stories, the Kernel’s unsigned editorials represent the views of a majority of the editorial board. Letters to the editor, columns, cartoons and other features on the opinions page reflect the views of their authors and not necessarily those of the Kernel.
Resignation provides rare opportunity to bring change UK’s Coldstream Research Campus is due for a major change, and not just due to the retirement of Tina Carpenter. Carpenter, the executive director of the campus, is slated to retire at the end of February after serving three years at the position. In a Jan. 14 Kernel article, UK’s Vice President for cCmmercialization and Economic Development Len Heller said, “(Carpenter) set a new standard. Coldstream has been very inactive for the past 20 years. This is a major step forward.” Coldstream currently comprises 58 companies, 33 of which joined under Carpenter’s watch — an impressive feat
KERNEL EDITORIAL considering the budget crisis the state and university have undergone, having to divert funds from the research campus to UK’s main proprieties. “She has helped make Coldstream a top-tier campus in the Midwest,” Heller said. With an opportunity to hire a new executive director, UK can take the next step and help forge Coldstream into one of the top-tier campuses in the country, not just regionally. UK must obtain the services of an innovative, forward-thinking individual who can build on the success Carpenter has represented during the past three
years. Not only must this individual be able to bring in new companies to fill out the 735aacre complex, the new director must also ensure the fiscal success of the facilities and find creative ways to bring in additional revenue to help alleviate any possible strain on the university. With the Top-20 Business Plan placing emphasis on research, Coldstream should be a stalwart cornerstone of the growth. Ideally, Coldstream, both in name and in value, would be a huge asset to the university. And with that in mind, UK should pursue an individual who is best capable of meeting that goal.
BRETT HATFIELD, Kernel cartoonist
online www.kykernel.com
Read Austin Hill’s reaction to big Southeastern Conference coaching changes
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RAMSEY’S DINER now hiring cooks & servers. Apply in person M-F 2-4pm. 500 E. High St.
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Wanted ALCOHOL RESEARCH at the University of Kentucky. Health social drinkers between 21 to 35 years of age are needed for studies on the effects of alcohol on behavior. Participants will be financially compensated for their time. Movies, a hot meal, and non-alco-
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SCORE Friday, January 15, 2010
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Not just for gym class anymore Club team continues to grow on campus By Chandler Howard sports@kykernel.com
Three, two, one, dodge- ponent of the squad. The team travels to play ball! The idiom ricocheted off both in- and out-of-state oppothe gym walls as nearly 30 nents including clubs from players ran toward midcourt. Western Kentucky, Ohio State Many can rattle off a few and the University of memorable quotes from the Louisville. Robinson and blockbuster film starring Ben Compton have also been Stiller centering on an under- working to establish teams at dog gym’s dodgeball aspira- Eastern Kentucky and Berea tions to make it big in the College in the attempt to gain sport. Though many may be- a more local competition base. The National College lieve this is a relatively fictional piece of work, it often Dodgeball Association, the goes unrecognized that not league in which the UK team only is it reasonably realistic, plays, has been rapidly growbut also that the concept is ing over the past few years and paralleled in their own back is continually making efforts toward future success through yard. UK club dodgeball is constant league expansion and kicking off their season, and increased publicity. Two years ago, the team make no mistake about it; this went to the national tournais no sport for the weak. “Face shots are highly en- ment hosted in Michigan. Of the approxicouraged,” said mate 15 team captain Ralph Compton, Our club is open to teams, the UK team a UK senior from Berea, Ky. anybody who had that f i n i s h e d E v e r y passion in high school fourth overall. We d n e s d a y “There evening a group ... and who wants to is a tremenof devoted, redrubber-ball-tot- take it to the next level d o u s amount of ing warriors can to play collegiately. strategy inbe found in Alumni Gym BRYCE ROBINSON v o l v e d , ” Dodgeball club president C o m p t o n preparing for said. “But what can only there will be described as the most enjoyable battle of always be huge room for imany sort. Bryce Robinson, a provement.” The club chooses a 15UK senior also from Berea, serves as club president, man tournament team before each competition based on coach and player. “Our club is open to any- each individual’s performance body who had that passion in leading up to the match. This high school, that loved play- means each tournament ing dodgeball and who wants brings a clean slate and an to take it to the next level to even opportunity for any play collegiately,” Robinson player to earn a starting spot for the upcoming event. said. The relatively young UK Robinson and Compton both club dodgeball program has speak of the personal growth been in existence for five they have achieved throughyears, with the current season out their four years of collebeing far and away their most giate dodgeball to become the populated. Errol Strauss, the elite players they are today. “You may think you’re founder and “Godfather” of the dodgeball team, as he is pretty bad at dodgeball, but referred to by many of the I’m sure there are worse than PORTRAIT BY ZACH BRAKE | STAFF members, is still a dutiful you,” Robinson said. “And Club president Bryce Robinson coaches and plays for the UK dodgeball club team. The team plays in- and out-of-state. player and an important com- you can always get better.”
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Paxton case could be decided at Friday hearing By Kenny Colston
asking to be allowed to play while his case against UK continues. Then came motions to allow testimony from expert witnesses, After a whirlwind month full of legal fil- Paxton’s attorneys and Bell. Finally, UK ings, but no actual court dates, senior pitcher filed a motion to dismiss the case with PaxJames Paxton could finally get some an- ton, claiming there was no controversy between the university and its pitcher and that swers in his case against UK on Friday. Paxton sued the university for a tempo- Paxton’s claims that UK was violating its rary injunction that would allow him to play Student Code of Conduct and the Kentucky baseball this season without submitting to an Constitution were not applicable. Paxton isn’t the only player reNCAA interview regarding his eligiturning to school that has faced issues bility. with the NCAA. Multiple media outPaxton’s eligibility is in question lets have reported returning baseball due to an article in a Toronto newsplayers who turned down pro conpaper citing an executive with the tracts have been asked to be interToronto Blue Jays — the Major viewed by the NCAA and fill out a League Baseball team that drafted questionnaire about their experience. Paxton with the 37th pick in last Paxton That led MLB Players Association year’s amateur draft — claiming he never spoke directly to Paxton, but instead Executive Director Michael Weiner to warn spoke exclusively with Paxton’s adviser the NCAA about handing out the questionnaires. Scott Boras, according to court documents. Richard Johnson, an attorney for James That led to Paxton meeting with UK Compliance Director Sandy Bell, who court Paxton, previously won a similar case documents say informed Paxton of a request against the NCAA with Oklahoma State to be interviewed by the NCAA. In that pitcher Andrew Oliver, but his favorable meeting, Bell also told Paxton to keep the ruling by an Ohio judge was thrown out interview quiet and that cooperating would when Oliver settled with the NCAA out of limit any suspension Paxton may face, ac- court. Those issues will be addressed by a 9:30 cording to court documents. According to later court documents, Bell a.m. hearing on Friday to decide UK’s moapologized to Paxton, saying she was just a tion to dismiss and motions for the various “messenger for the NCAA” and “had to testimonies. If UK is denied its motion to dismiss, a 3 p.m. hearing will be held to desay” that Paxton shouldn’t tell anyone. What followed was a litany of court mo- cide on Paxton’s request for a temporary intions. Paxton filed a temporary injunction junction. kcolston@kykernel.com
KEYS TO THE PAXTON CASE James Paxton’s attorneys argue that UK is violating its Student Code of Conduct and the Kentucky Constitution by suspending Paxton for not participating in an interview with an NCAA representative. ■ Section 25(a) of the Student Code of Conduct states: The Dean of Students office shall give the accused student written notice of the date, time and place of the hearing as well as the specific charge against the student. An accused student shall be given reasonable access to the case file, which will be retained in the Dean of Students Office. Paxton’s attorneys claim that Paxton was never informed of the charges against him. UK attorneys dispute this by saying Paxton was given a copy of the newspaper article. ■ UK claims its contract with the NCAA supersedes the Student Code of Conduct. Paxton’s attorneys disagree. ■ UK claims the Student Code of Conduct does not apply because the university is merely a messenger and Paxton’s real issue is with the NCAA. The NCAA is not listed as a defendant in the Paxton case. Under this thought process, the Kentucky Constitution also doesn’t apply. Paxton’s attorneys dispute this, saying it is the university that will suspend Paxton, not the NCAA, there-
fore the problem lies with the university. ■ Potential NCAA Bylaws that Paxton would break, making him ineligible, by refusing an interview with the NCAA: 32.3.7.2. Responsibility to cooperate: At the beginning of an interview arranged or initiated by the enforcement staff, a current or former student-athlete or institutional employee shall be advised that refusing to furnish information or providing false or misleading information to the NCAA, conference or institution may result in an allegation that the individual has violated NCAA ethical-conduct legislation. 10.1 Unethical conduct: Unethical conduct by a prospective or enrolled studentathlete or a current or former institutional staff member (e.g. coach, professor, tutor, teaching assistant, student manager, student trainer) may include, but is not limited to, the following: a. Refusal to furnish information relevant to an investigation of a possible violation of an NCAA regulation when requested to do so by the NCAA or the individual’s institution. j. Failure to provide complete and accurate information to the NCAA, InitialEligibility Clearinghouse or the institution’s athletics department regarding an individual’s amateur status.