Greg Williams, a board member of the New Mexico Foundation for Open Government (NMFOG), said on ESPN 101.7 "The Team" that the organization has filed lawsuits against the University of New Mexico (UNM) and New Mexico State University. The lawsuits allege that these institutions are unlawfully withholding public records related to athlete compensation.
"We just don't think these are educational records, we think these are contracts between the university and people who may happen to be students," said Williams. "They could end it today by turning over the records if they wanted to. Are we going to allow public universities to keep secret how they're spending their money? It's not at all clear yet whether these revenue sharing payments are going to be subject to Title IX."
According to Williams, NMFOG is a nonpartisan nonprofit dedicated to transparency in government actions within New Mexico. The foundation's mission is to ensure public access to government records and meetings, thereby promoting accountability. The board comprises individuals from various backgrounds, including legal professionals, businesspeople, media members, and citizens, all committed to overseeing how public institutions manage taxpayer resources.
Williams explained that the recent legal actions against UNM and New Mexico State arise from their refusal to disclose student-athlete revenue-sharing contracts. Under a House settlement, public universities can allocate up to $20.5 million annually directly to athletes—a significant change from previous restrictions. Given that these payments involve public funds, NMFOG argues that taxpayers and students have a right to know how the money is spent. He emphasized the urgency of transparency as contracts are already being signed.
The universities have cited FERPA (the Family Educational Rights and Privacy Act) and trade secret exemptions as reasons for withholding the records; however, Williams disagrees with this justification. He argued that these contracts are akin to employment agreements rather than educational records. Beyond legal considerations, he suggested that transparency could benefit students by ensuring fairness—whether concerning Title IX equity or equal treatment among teammates.
Editor's note: This article includes excerpts from an interview conducted on "TEAM Talk" with Joe O'Neill, Adam Diehl, and Andres Chavez. "TEAM Talk" airs Monday through Friday between 4 p.m.-7 p.m. on ESPN Radio 101.7 The TEAM.
