In re: National Collegiate Athletic Association Student-Athlete
Concussion Injury Litigation
Civil Action No.: MDL 2492
Frequently Asked Questions
Am I being sued?
No. The plaintiffs in this matter are suing the NCAA and certain of its conferences and member institutions.
Is UConn being sued?
What is the lawsuit about?
The lawsuit was filed by certain former student athletes (the plaintiffs) who claimed that they had lasting effects from concussions sustained while playing college or university sports. The lawsuit was filed in the United States District Court for the Northern District of Illinois.
What is a subpoena?
A subpoena is a document that requires the recipient to provide testimony or documents, usually in connection with a lawsuit. This subpoena requires UConn to produce certain records maintained by the University’s Department of Athletics.
Who issued the subpoena, and why?
A preliminary settlement of the lawsuit has been approved by the District Court. The Court has ordered that the attorney for the plaintiffs notify certain student-athletes who played NCAA-sanctioned sports at NCAA member institutions of the terms of the proposed settlement. The plaintiffs’ attorney issued the subpoena, in order to obtain contact information for those UConn student-athletes, so that he may provide the notice required by the Court.
Does the subpoena require me to do anything?
No. The subpoena imposes obligations on UConn only.
Where can I find a copy of the subpoena?
A copy of the subpoena can be found at: http://grfx.cstv.com/photos/schools/conn/genrel/auto_pdf/2016-17/misc_non_event/ncaa-subpoena.pdf
Isn’t information contained in my records confidential?
The Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g; 34 CFR Part 99, is a federal law that protects the privacy of information contained in student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Generally, schools must have written permission from the student in order to disclose any information contained in a student’s education record. However, FERPA allows schools to disclose that information, without consent, to comply with a judicial order or lawfully issued subpoena, provided that the school complies with certain notice requirements.
Why did I receive a notice from UConn?
Before UConn can release information contained in a student’s education record in response to a lawfully issued subpoena, FERPA requires UConn to make a reasonable effort to notify the student of its receipt of the subpoena so that the student may seek the protection of the court if he or she does not want to have that information disclosed.
What if I placed a block on disclosure of information contained in education records?
A “FERPA Block” does not allow UConn to refuse to disclose information contained in a student’s records in response to a lawfully issued subpoena. Only a court order can protect such information from being disclosed.
What if I do not want my information released?
You have the right, at your option, to file an objection with the United States District Court if you believe that there is a legal basis for claiming that your information should not be disclosed in response to the subpoena. UConn cannot provide any legal advice or assistance regarding the filing of such an objection. If you require legal assistance, you will need to seek private legal counsel.
Should I notify UConn if I plan on filing an objection?
Yes. Unless UConn is notified that you plan to file an objection, it will provide records containing the requested information to the attorney who issued the subpoena on December 30, 2016. If you plan on filing an objection please send a copy of the object to Nathan.firstname.lastname@example.org as soon as possible and no later than December 28, 2016.
Who can I contact if I have additional questions?
If you have additional questions or concerns, please contact Assistant Attorney General Holly Jean Bray at (860) 486-5796.