Our resident FOIA expert spadilly give us the answer below
Update to Open Record Request
Alright, I know some of y'all were waiting on this.
I specifically asked for electronic copies of any email(s)/letter(s) sent to A&M from the NCAA that make mention of or refer to any NCAA investigation of Johnny between the dates of May 1, 2013 and August 5, 2013. (I sent it on Monday the 5th, the day after the story broke on ESPN)
And here's what came back early this morning:
The President’s Office, Athletic Department and Athletic Compliance Office conducted a search and found no information that was responsive to your request. Please note that had they found responsive information, it would have been subject to the Family Educational Rights and Privacy Act (FERPA) as the student would have been identifiable.
So, reading through their response to me, we can conclude that as of Aug. 5, there has been no NOI sent to Texas A&M in regard to this issue. If there was a formal investigation, it began after Aug. 5, which goes against what ESPN told us.
It's also believed that there are no FERPA issues at work here, as it seems that the response specifically addresses that case, and I received no notice that documents were withheld or redacted. We currently have people working on clarifying that.