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Florida St. scandal going public?

TALLAHASSEE, Fla. — A court ruling that documents concerning academic cheating at Florida State University are public records will "rip the heart out of the NCAA," one of the organization's top officials said Thursday.

Circuit Judge John Cooper also rejected other legal and constitutional arguments by NCAA lawyers but will reconvene a hearing Friday to decide a few remaining issues including whether to put the documents' release on hold pending appeal.

Cooper rejected the NCAA's claim that the documents are not public shortly before David Berst, the organization's vice president for Division I, took the witness stand to testify on the other issues. Berst said releasing the documents would set a precedent that would thwart NCAA rule enforcement that ensures schools are competing fairly and equally.

Few witnesses other than school officials and employees would be willing to tell what they know about cheating, whether in recruiting, academics or other areas, without the promise of confidentiality, he said.

"We could see copycat efforts in other states," Berst said. "Yes, I believe that would rip the heart out of the NCAA."

The Associated Press and other media organizations filed a public records lawsuit against Florida State, its law firm and the NCAA seeking access to documents on college athletics governing body's plan to strip coaches and athletes of wins in 10 sports.

That includes football coach Bobby Bowden, who could lose 14 victories. Bowden's chances of overtaking Penn State's Joe Paterno as major college football's winningest coach would dim if the NCAA rejects an appeal of that penalty.

Cooper later rejected the NCAA's claim that even if the documents are public records they should not be released because that would violate free association, contract and interstate commerce rights under the U.S. Constitution.

The judge also found that making the documents public would violate neither state nor federal laws guarding the confidentially of records records.

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