A federal judge has ordered Syracuse University to turn over 22 documents related to its investigation of sexual abuse allegations against former associate men’s basketball coach Bernie Fine, denying the university’s appeal of his initial decision.

In a 15-page decision filed Wednesday, U.S. Magistrate Judge David Peebles rejected SU’s argument that the documents should be redacted because of attorney-client privilege. In particular, the university failed to adequately explain its relationship with Sard Verbinnen, its public relations firm, and with members of the Board of Trustees who were named in the documents. This makes it difficult to determine whether an attorney-client privilege exemption should be granted, Peebles wrote.

Peebles did find that two documents containing communication between former chancellor Nancy Cantor and the university’s lawyers are privileged and can be redacted.

In October, Peebles ordered SU to turn over at least 25 documents related to its investigation of Fine, saying the documents were not privileged.

Peebles’ decision is part of a lawsuit brought by Bernie Fine’s wife, Laurie Fine, against ESPN Inc. Laurie Fine sued ESPN on May 21, 2012, arguing the statements it aired were false and defamatory. These statements include one alleging that she had witnessed sexual abuse. None of the documents the judge ordered to be turned over to her attorney would necessarily become public unless, for example, the lawsuit went to trial.

The university is not named in the lawsuit, but it was subpoenaed for documents on Dec. 4, 2012. SU has turned over more than 500 other documents in the case, according to past filings in the lawsuit, though it is unclear what they are about.

SU fired Bernie Fine on Nov. 27, 2011. He was not charged after an almost yearlong federal investigation and has denied all wrongdoing.

“I found Judge Peebles’ order to be notable so far as it points out SU’s latest attempt to withhold these documents as inappropriate,” said Lawrence Fisher, Laurie Fine’s attorney.

Kevin Quinn, SU’s senior vice president for public affairs, did not return an email seeking comment.

Published on December 29, 2014 at 5:28 pm

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