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The Kernel is waiting ona response from the Kentuckyattorney general’s office re-garding an open-records de-nial from the university.

The open-records request,filed in late August, asked forcommunication among UKmen’s basketball staff or UK

Athletics staff who deal withmen’s basketball regardingfreshman player NerlensNoel.

UK’s legal office deniedthe request, citing a section ofthe Kentucky Open RecordsAct, saying “all preliminarydrafts, notes, correspondence

with private individuals, otherthan correspondence which isintended to give notice of afinal action of a publicagency and preliminary rec-ommendations and prelimi-nary memoranda in whichopinions are expressed orpolicies formulated or recom-

mended are exempt.”The denial also noted that

“this matter is still under re-view,” although the requestdid not refer to any matter inparticular.

The Courier-Journal inLouisville also requested thesame records the day beforethe Kernel did, but decidednot to appeal the denial.

The attorney general’s of-

fice notified UK of the appealon Sept. 14. On Sept. 20,Lexington law firm Sturgill,Turner, Barker & MoloneyPLLC sent the office a re-sponse, representing UK.

The response cited boththe “preliminary records” ex-emption used in the originaldenial and violations of FER-PA, the Family EducationalRights and Privacy Act, as

reasons not to disclose therecords. UK originally didnot cite FERPA in its denial.

The Open Records Actincludes a time limit on ap-peals, giving the attorneygeneral 20 days to issue a de-cision.

The attorney general’soffice extended the deadline

Kernel appealing open-records denial

See APPEAL on page 2

Attorney general to decide; UK cites FERPA

PHOTO BY ADAM PENNAVARIA | STAFFMr. Batu (left) and Mr. Bayindalai (right) perform a native Mongolian religious dance during the Arts College of Inner Mongo-lia University’s production, “An Evening of Mongolian Dance and Music” in the Singletary Center for the Arts on Monday.

Singletary Center hostsMongolian performance

Robert Kirkmanto speak at UK

Kentucky has been very kindto Hollywood over the last coupleof decades.

With household names likeTom Cruise and Johnny Deppbearing the seal of the Common-wealth on their birth certificates, itshould come as no surprise thatcreator/executive producer of theviral television hit “The WalkingDead” was raised Kentucky proud.

At just 33 years spry, Kirk-man has cultivated an empire ofthe un-dead. His Eisner Award-winning “The Walking Dead”comics have just recentlysmashed the 100th issue mile-stone while completely dominat-ing the New York TImes best-seller list every step of the way.

Not to mention his “The Walk-ing Dead” TV series is now themost watched basic cable drama intelevision history. The show’scaptivating and pulse-pounding di-rection has infected the airwavesof over 120 countries and is trans-lated into 37 different languages.

There truly is nowhere to run.Once viewers are bitten by the se-ries’ hair-raising development andteeth-gnashing cliffhangers, thereis no turning back. His consistent

brilliance in the industry at such ayoung age is truly inspiring andcontinues to build swarming antic-ipation for what lies ahead.

Kirkman’s entrepreneurialprowess is also work noting. In hislate teens he created his own com-ic book company and by his earlytwenties he was cranking outpages for both Marvel and Image.After his experience with both par-ties, Kirkman was asked to be anofficial partner at Image Comics, acompany that hasn’t expandedleadership in 20 years.

He earned the respect of writ-ers everywhere when he releasedthe Kirkman Manifesto, an inspir-ing idea that creators should bandtogether and own their work ratherthan being subjected to the hot-and-cold experience of corporatepublishing.

In 2010, Kirkman also createdSkybound, a company that tran-scends his ideals expressed in themanifesto by paying writers con-sistently and fairly, so they can befree to create without the loomingstress of being cut.

On Oct. 30 at 8 p.m., studentsand faculty alike will have theunique opportunity to hear Kirk-man present at Memorial Hall. Ad-mission is free and open to thepublic.

By Dave Steele

[email protected]

Creator of ‘The Walking Dead’ willtalk about show at Memorial Hall

PHOTO COURTESY OF MATT HOYLE

This series counts down thegreatest UK basketball teams of alltime. No. 1 will be revealed in theKernel’s basketball season previewedition on Nov. 7. Here is No. 9: the

1965-66 Cats known as “RuppRunts.”

In the fall of 1965, expectationsof Kentucky basketball were gloomy.People were predicting a losing sea-son for head coach Adolph Rupp,which would be his first. They werebelieved to be too small to compete,

with nostarter tallerthan 6-foot-5.

“Rupp’sRunts” werep r i m a r i l yL o u i eDampier, Pat Riley, Larry Conley,Tommy Kron, and Thad Jaracz .Atthis point in basketball history, re-cruiting began to change. Otherteams around the country were get-ting bigger and UK was having amore difficult time lasting in theNCAA tournament.

In 1965, teams had big centersand forwards. They had depth andrange. UK did not. The fear wasRupp had lost his touch. People were

‘Rupp’s Runts’ defied theodds reaching title gameBy Lindsay Travis

[email protected]

See COUNTDOWN on page 2

#9

STAFF FILE PHOTOThe 1965-66 UK team lost in the national championship to Texas Western.

Members of the Arts College of Inner Mongolia University performed nativesongs and dances for the crowd, providing a wide range of artistic expressions,ranging from instrumental and vocal music to religious coming of age dances. Theperformers’ dress was also predominantly native, consisting of oriental style dress-es and slippers/boots for the women and traditional robes or animal fur for themen. Performers proudly displayed their culture’s art for the crowd to see.

NBA Cats prepare for season

online

PAGE 2 | Tuesday, October 30, 2012

To get the advantage, check theday's rating: 10 is the easiestday, 0 the most challenging.Aries (Mar. 21-April 19)—Today isa 6—Boost morale and get thejob done for a profit. Let your-self be talked into an outing withspecial friends. Let your partnerdo the talking, and empower thegroup to proceed.Taurus (April 20-May 20)—Todayis an 8—Take on more work topay off a debt. You're in thespotlight, so enjoy it. Makes sureyou have what you need, even ifyou have to ask for help. Returna favor.Gemini (May 21-June 20)—Today isa 5—Use this opportunity to let goof the old and build anew. Consol-idate your position. A partner hasa pleasant surprise. Documentyour findings. You're lucky now.Cancer (June 21-July 22)—Todayis a 7—You have the power, if youchoose to use it. Improve yourtechnology with a small invest-

ment and plenty of outside-the-box thinking. Plan a trip withyour partner.Leo (July 23-Aug. 22)—Today is a7—Your leadership skills improve.You are at your most convincing,but also allow yourself to be per-suaded to a new point of view.Make an interesting discoveryabout love.Virgo (Aug. 23-Sept. 22)—Todayis a 7—The call of the wild is ring-ing. Respond passionately. Workwith a member of your house-hold to gain clarity. Determina-tion produces results, possiblylucrative.Libra (Sept. 23-Oct. 22)—Today isa 5—You get to have it your way,but you're attracting attention.Too much focus on detail maycreate additional work. Get cre-ative while keeping the big pic-ture in mind.Scorpio (Oct. 23-Nov. 21)—Todayis a 7—Discover something ofvalue that you or someone elsehas hidden. Share the winnings.Getting along with others is ex-

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Following in the footsteps of other celebri-ties like Ginnifer Goodwin and Ellen De-Generes, actress Shannon Elizabeth is askingAmericans to forgo the traditional Thanksgivingturkey and instead save a life and adopt one.

“The first time I met turkeys face-to-face,I couldn’t get over how they enjoyed my at-tention just as much as my dogs do!” the“American Pie” actress said. “Seeing firsthandhow sweet and affectionate turkeys are, Icould no longer separate them from how Ithought about my dogs at home, who I alwayswant to feel safe and protected.”

According to the animal sanctuary, whichhas shelters in New York and California, morethan 26 million turkeys are currently confinedin miserable conditions and slaughtered eachyear for the Thanksgiving holiday. For a quar-ter century, Farm Sanctuary has helped rescueand provide care for more than 1,000 adoptedturkeys.

“For a one-time donation gift of just $30,anyone can sponsor a turkey who lives at oneof our three shelters,” the group wrote. “As aturkey sponsor, you will receive a specialAdopt a Turkey certificate with a color photoof and fun details about your new friend.”

“If you are like me and oppose animal cru-elty, start a new tradition and adopt a turkeyfrom Farm Sanctuary’s Adopt a Turkey Proj-ect,” Elizabeth SAID.

If sponsoring a turkey isn’t your thing,Farm Sanctuary also has a home-adopt optionfor those with a bit of land and a dedication tocompassionate living (which, naturally, in-cludes subscribing to at least a vegetariandiet).

To get started and make a difference for aturkey this holiday season, visit the officaladoption site athttp://www.farmsanctuary.org/giving/adopt-a-turkey/

Actress calls for turkey adoption

Horoscope

for a decision by an addi-tional 30 days, to Nov. 29,because of “the need to ob-tain additional documenta-tion or a copy of the recordsinvolved.” The office sent arequest to the law firm andUK asking to provide therecords for in camera review.Reviewing them in camerameans the office would re-view the records in private,not disclosing them to thepublic or the press.

Sturgill, Turner, Barker &Moloney issued a response tothe attorney general’s officeOct. 16, denying the requeston the basis that releasing therecords to the attorney gener-al would violate FERPA.

The firm cited an argu-ment made against releasingsuch records in Texas, whichsaid the attorney general’s of-fice is not an “authorized rep-resentative” of the school dis-tricts in question and thuswould not be eligible to re-ceive education records for incamera review.

FERPA states that educa-tion records are defined asrecords that include informa-tion directly related to a stu-dent and are maintained by aneducational institution.

If an institution violatesFERPA, it faces the threat oflosing federal funding.

No violation has resulted

in a loss of federal funding inFERPA’s almost 40-year his-tory, said Frank LoMonte, ex-ecutive director of the StudentPress Law Center in Arling-ton, Va.

“FERPA provides for acorrective mechanism,”LoMonte said. “In the eventthat the Department of Edu-cation decides that you gaveout records you weren’t sup-posed to give out, all thathappens is that they put youon a plan of correction …where you agree not to do itagain.

“Only if you reject theplan of correction can theypunish you.”

LoMonte said it is “kindof hypocritical” for universi-ties to claim FERPA for stu-dent athletes “because they’rehappy to give out FERPA in-formation when it serves theirpurposes.”

He said universities havestudent athletes sign FERPAwaivers, allowing the depart-ment to release informationabout injuries and other team-related information.

“It’s at least implied inFERPA that the informationhas to be actually confidentialin the first place,” LoMontesaid.

He said the law “never in-tended to cover every scrap ofpaper that mentions a stu-dent” and everything men-tioning a student does not fallunder the intended meaningof an education record.

The Kernel’s editor-in-chief, Becca Clemons, saidthe records in question shouldbe open and public becausethey involve written commu-nication among employees ata public university.

“If the information in therecords requested refers toprivate information about astudent, such as test scores, Icould understand the denial,”Clemons said. “However,much information about thisstudent has already been pub-lished by both UK and themedia, with no thought ofFERPA violations.”

Records kept by publicuniversities need to be opento inspection to ensure publicinstitutions are not conduct-ing public business behindclosed doors, Clemons said,and “this is especially true forrecords that might already bepublic.”

Clemons questioned why,if UK is interpreting FERPAto include any records thathave any information about astudent, it publishes NerlensNoel’s name on its roster onukathletics.com and in pressreleases.

Reports in August said theNCAA was reviewing Noel’seligibility to play. UK headcoach John Calipari toldESPN on Oct. 17 that Noelwas cleared to play, which theNCAA confirmed to USA To-day.

STAFF REPORT

APPEALContinued from page 1

saying it was time for him toretire and move on.

“Coach Rupp saw somethings that nobody else couldsee. They were preparingsome surprises,” said DanOmler, former student man-ager and roommate of Pat Ri-ley.

Rupp was a solid man-to-man defense kind of coach.Everyone in the country knewwhat defense Kentucky wasgoing to run. Now they couldhandle it using their biggerplayers.

“Coach Rupp and coachLancaster started tinkeringwith how they could combinethe best of both man-to-manand the zone without actuallygoing to a zone,” Omlor said.

What they created wasthe first matchup zone. It wassomething that nobody hadever seen before. They oper-ated out of a 1-3-1 zone, butchanged the way the playersmoved out of it.

“Traditionally you startthe offense from the guardposition. What Kentucky didwas put Conley on a wingand used him as a play-mak-ing forward. No one had everdone that. It befuddled teamsall year. Part of what account-ed for the success of that teamwas they just turned the game

upside down strategically,”Omlor said.

The Cats started off the1965 season winning theirfirst 23 games. They beganunranked, but climbed to No.2 just 10 games into the sea-son. On Feb. 12, 1966, theCats became the top team inthe nation, a title they main-tained until the championshipgame.

There was more to thesuccess than what peoplecould see, and most of it wentunaccredited.

Before the season started,Kron and Conley made a de-cision to sacrifice their ownstatistics. “Very few peoplerealize that in the machineryof that team you had somegifted athletes who were sac-rificing themselves to makesure Louie got all those goodshots and that Pat got the ballinside,” Omlor said.

Another big piece of thepuzzle was Thad Jaracz.“People were saying thatKentucky was going to be adoughnut team – they weregoing to have tremendousguys on the periphery and no-body in the middle. But theydidn’t realize that Thad wasgoing to be that guy in themiddle. He was the hub ofthat offense. People will nev-er know how valuable hewas,” Omlor said.

The team that season hada grandfatherly reverence for

Rupp. They played abovetheir heads because of thatemotional edge.

“It was more than just asum of the parts. It was a sumof the parts plus a spark goingoff and rising up,” Omlorsaid.

The national semifinalswere against Duke. The toptwo teams in the nation werebattling for a spot in thechampionship. “It took everyounce of strength,’ Omlorsaid. “They didn’t have any-thing left. They rose to the oc-casion to beat Duke. But theyleft everything they had onthe floor.”

Dave “Big Daddy” Lattinand the Texas Western Minerswould go on to win the cham-pionship, 72-65.

Riley, Dampier, andJaracz were named All-Amer-icans.

Riley went on to be aneight-time NBA Champion(as a player, coach and ex-ecutive), three-time NBACoach of the Year, and isnow the President of theMiami Heat.

Dampier would go on towin an ABA championshipwith the Kentucky Colonelsand would be a seven-timeABA All-Star.

“Rupp’s Runts” exceed-ed all expectations that yearand gave UK basketballfans a season they’ll neverforget.

COUNTDOWNContinued from page 1

4puz.com

Talk of ESPN's All-Ac-cess Kentucky show need-lessly spilled over to SECMedia Day Thursday.

UK head coach JohnCalipari said in mid-Octoberthat the program had original-ly turned down ESPN's ideafor the show.

"We didn't want to do it.Do we really need more ex-posure?" Calipari said. "Whatabout recruiting? I said I

don't think we need help. Ithink we’re okay."

Calipari later went on tosay tongue-in-cheek thatthere may be some value indoing the show simply to up-set others.

"Everybody's going to bemad. I know," Calipari said."Did I do it just because ofthat — to aggravate people?Might have."

Joking or not, that seemsto be the case.

Several head coacheswere asked for their thoughtson the show at SEC MediaDay Thursday in Hoover,Ala. No coach took the baitas much as Florida headcoach Billy Donovan, who

spent nearly half of his timeat the podium answeringquestions about the show.

"I don't have any feel-ings one way or the otherabout it," Donovan saidwhen asked if he would al-low Florida to be a part of ashow like All-Access. "I dothink if you are using it as arecruiting tool — I don'tthink that's right."

Donovan didn't outrightaccuse Calipari of using theshow for recruiting purposes— presumably because he re-alizes how ridiculous of anassertion that would be.

As Calipari stated — theyare doing okay already.

Despite answering ques-tions about the series for fiveminutes, Donovan ultimatelytold reporters he hasn't evenseen the show.

"I have not seen the Ken-tucky All-Access, so I don'teven know anything about it.I've heard about it, but Icouldn't tell you the contextof it. I don't even know,"Donovan said. "I don't evenknow how it was set up. Arethere interviews? Are theguys off the court? I don'teven know what it is."

Why was Donovan askedso many questions about thiswhen there is so much abouthis own program to talkabout?

Florida is ranked No. 10in both the AP and USA To-day preseason polls.

They return four double-digit scoring starters off lastyear's team that made it tothe Elite Eight and are one ofthe favorites to win the con-ference.

That's why it was ashame that so much of Dono-van's time in Alabama waswasted answering questionabout a tv program he hasn'twatched.

His team is one of thebest in the country. Too badhe didn't spend more timetelling us about it.

‘All-Access’ rubs somecoaches the wrong way

PHOTO BY SCOTT HANNIGAN | STAFFFreshman Archie Goodwin dunks the ball in the Blue-White scrim-mage at Rupp Arena on Oct. 24.

LESJOHNS

Kernelcolumnist

The Kentucky Kernel is not responsible for information given to fraudulent parties. We encourage you not to participate in anything for which you have to pay an up-front fee or give out credit card or other personal information, and to report the company to us immediately.

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kernelclassifieds

tuesday 10.30.12 page 3

gary hermann | opinions editor | [email protected]

Go Green. Recycle this Kernel.

CHRISTOPHER EPLING, Kernel cartoonist

As some of you may know, there was a plan developed in 2002called the Campus Physical Development Plan. It contained what,at the time, were thought to be all the needed changes to campus in

order to make it great and safe for all. In the 10 years since that plan was developed,

our campus has transformed into something com-pletely different. From the faces seen aroundcampus to the buildings that are utilized by UK’sstudents, faculty and staff, the changes are evi-dent.

The Office of University Relations and theOffice of Facilities Management have realizedthis and have begun to work with the develop-ment company named Sasaki Associates. Andthrough this partnership, they have come to therealization that there is a need to ask the mem-bers of the university what they want to see andget out of their campus.

To gain a better understanding of thoseneeds and wants, they have prepared a survey

for students, faculty, staff and even members of the community toparticipate in. They are hoping to learn things such as where areyour favorite places to eat, study and even socialize.

They will then use the information that they receive from thesurveys to help make decisions for the future of the campus.

The link to the survey, which will be open from Oct. 29 to Nov.12, is: http://sasakistrategies.com/UK.

Students who fill out this survey will be eligible for a chance towin an iPad, provided by UK Student Government.

If you have questions, call 257-5911, ext. 251 during workinghours, or send a message through our website at www.uky.edu/mas-terplan.

Be sure to fill out this survey before the window closes so thatyou can have your input into the changes that will be made to ourcampus.

Stephen Bilas is student government president. Email [email protected].

Students urged bySG to take survey

STEPHENBILAS

Guestcolumnist

SubmissionsPlease limit letters to 350 words or fewer. Guest columns should be no more than 600 words. Be sure to includeyour full name, class, major and telephone number with all submissions. Telephone numbers will only be used to

verify identity.

Email [email protected]