University officials refuse to release information regarding student athletes' encounters with the law, citing privacy concerns as local prosecutors say the lack of witness participation among victims in the cases is frustrating.

That frustration includes an incident with All-American wide receiver Charles Rogers who allegedly pushed an MSU parking enforcer in October, Ingham County Chief Assistant Prosecutor Joyce Draganchuk told The State News.

The incident also included a verbal argument between Rogers and the parking employee. Draganchuk said the unidentified parking enforcer didn't want to prosecute the star player.

During the same month of the parking incident, the university declined to comment about the specifics of the suspension of Rogers' teammate, junior quarterback Jeff Smoker, citing the federal Family Educational Rights and Privacy Act, which prevents universities from releasing a student's academic and disciplinary records without his or her consent. His family later released a statement explaining his troubles with substance abuse.

In handling Rogers' situation, MSU officials refused to release the police report for the parking incident.

Because the October incident involves violence, privacy acts do not apply and the university would be allowed to release the information, said Dawn Phillips Hertz, general counsel to the Michigan Press Association. She added that the university's reluctance to release information may stem from Smoker's troubles.

But a report obtained online matches Draganchuk's comments that on Oct. 1 after 6 p.m. an arrest of assault and battery was reported.

Rogers, recipient of the 2002 Biletnikoff Award, which is awarded to college football's top receiver, didn't return telephone calls during the past week.

MSU Assistant Athletics Director John Lewandowski said Rogers has been in the Bahamas. Rogers announced Nov. 25 he will forgo his senior season for the NFL draft.

A Freedom of Information Act request by The State News to see the parking incident report involving Rogers was denied in November. An appeal was filed in December and denied by MSU President M. Peter McPherson.

The first request was denied because the records would "constitute an unwarranted invasion of personal privacy."

The appeal says "the individual's right to privacy must prevail and your appeal must be denied." McPherson refused to comment on the incident.

Hertz said she disagrees with the university and police department's denial of providing the police report, adding the report should be seen to examine how the police treated Rogers when he was arrested.

"It could be for better or worse because he's an athlete," she said.

Although Hertz disagrees with the university's decision, she says the decisions are made with the interest of the athlete in mind - not to cover up a situation.

Universities might be reluctant to release information on students because they feel they are protecting students during their first time away from home, Hertz said, but that "if you're old enough to vote and serve in the military you should take responsibility of a charge of violence."

Eric Freedman, an assistant journalism professor and lawyer, said if the incident didn't involve an athlete or celebrity, the police report usually would be available without a FOIA request.

"Police usually show you complaints like that unless it was an ongoing criminal investigation," he said.

Fears of being ostracized for reporting an athlete often come into play for witnesses and victims in these cases, said Ingham County Prosecutor Stuart Dunnings III.

"I think it's terrible," he said. "I am personally offended by athletes who for the most part are on the taxpayer's dime and behave in an unsocial matter. I think it's a travesty that they have these privileges and act outside the law."

Dunnings said in many cases, there are only the victims as witnesses, and once they don't want to carry on, the case is dropped. The example of witnesses not coming forward also is shown in cases involving fraternities, he said.

"It's the bond of silence or whatever bullshit they call it," he said.

Dunnings said he doesn't believe the police department shows favoritism toward athletes, and in some cases, athletes charged with crimes are undoubtedly innocent.

Dunnings referred to an incident involving former MSU basketball star Mateen Cleaves, who was arrested for allegedly committing assault and battery in 1998. Dunnings said once he saw the evidence in the case, he realized Cleaves was innocent.

The evidence in some cases, however, never surfaces.

Lewandowski said he doesn't see the newsworthiness in the Rogers' case because no charges were filed. He said he was unaware of the parking incident until he was contacted by The State News in early December.

"Apparently there was a parking-related incident back in October," he said after talking with personnel at MSU's football offices. "The only thing that I know is that if this was any other student on campus involved with a parking incident you wouldn't be wasting two minutes of your time on it."

University spokesman Terry Denbow said he was aware of a parking situation involving a student athlete in October.

"There are a lot of incidents that aren't anything more than incidents if they aren't taken forward," Denbow said.

Chad Previch can be reached at previchc@msu.edu