University Sues Student Newspaper To Prevent Release Of Sexual Assault Investigation Documents

from the stop-asking,-they-sued dept

Government transparency is once again in default operation mode. If you want the records you're seeking, you're welcome to sue us. Or, in this case, the government is more than happy to sue the requester, if that's what it takes to keep records from being released.

The University of Kentucky is suing its own student newspaper.

This comes after a five-month-long battle between UK and its student newspaper, the Kentucky Kernel, over open records relating to reports of sexual assault and sexual harassment by a university professor.

The student newspaper has asked for copies of investigative documents related to the assault and harassment allegations. The university has refused to hand over the requested documents, claiming doing so would violate the privacy of the accusers. It has continued to withhold the documents despite being told to release them by the state attorney general.

[T]he state attorney general ruled that UK should release the records with the names and personal identifiers of those involved omitted. But the university denied the request on the basis that it would be an invasion of privacy. The refusal is a violation of Kentucky’s Open Records Act, which states the university is not exempt from releasing these records once the investigation is closed…

The Kentucky Kernel isn't seeking to expose personal information. In fact, it already has copies of some of the documents, thanks to an anonymous source. But it's seeking the officially-redacted version from the university. If the school hopes to keep this version out of the student paper's hands, it needs to obtain a ruling that contradicts the state attorney general's decision. Hence the lawsuit, which isn't seeking monetary damages, but rather a declaration that the documents can be withheld in full.

In fact, the university is hoping to keep the documents from ending up anywhere else at all.

A university spokesman, Jay Blanton, told BuzzFeed News Aug. 23 that “Our University cannot — and should not — decide when it is appropriate to violate a victim-survivor’s privacy — and a victim-survivor’s trust — by providing information to the Office of the Attorney General, the Kernel(our student newspaper), or any other entity.”

One has to wonder why the university is so worried about the release of these documents. If it's done nothing wrong, then it has nothing to hide, right? It may be saying things about privacy, but the student newspaper already has a policy in place to withhold personal information about victims of sexual assault. And, once again, the paper is not seeking an unredacted copy that might expose this information if handed over by the school.

So, the excessive secrecy seems to indicate there's something in these documents that might make the school look bad. This could be due to the way it handled the investigation. Or maybe the school protected a staff member for far too long, only choosing to look into allegations once they could no longer be ignored. Whatever the case is, the optics are always bad when a public entity takes a requester to court to thwart an open records request.

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Filed Under: foia, investigation, journalism, sexual assault
Companies: university of kentucky


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  • identicon
    Anonymous Coward, 31 Aug 2016 @ 3:09pm

    Yes, because Streisand always makes you look good.

    reply to this | link to this | view in chronology ]

  • icon
    That One Guy (profile), 31 Aug 2016 @ 3:21pm

    Ah the ever popular 'Shut up' lawsuit...

    Because nothing says 'Nothing dodgy happened here' quite like doing everything in your power to hide what happened.

    This is the first I've ever heard of the matter and already the university's actions have me thinking that yeah, they are absolutely trying to cover up something bad, so mission accomplished with that lawsuit I guess?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 31 Aug 2016 @ 3:32pm

      Re: Ah the ever popular 'Shut up' lawsuit...

      My guess is that they very clearly violated the title IX rules about protecting students by knowingly allowing a predator to prey on multiple people. This whole thing stinks and unless they come clean and prove otherwise, we have to assume the school knew and punished the accusers instead of the rapist.

      reply to this | link to this | view in chronology ]

    • icon
      DannyB (profile), 1 Sep 2016 @ 6:22am

      Re: Ah the ever popular 'Shut up' lawsuit...

      It reminds me of something I think I've heard before:

      "If you've done nothing wrong, you've got nothing to hide."

      Or, if you've done nothing wrong, you don't have to worry about anything showing up on WikiLeaks. What happens in Vegas, stays on YouTube.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 31 Aug 2016 @ 3:36pm

    they're worried because its 1/2 of the tenured population regularly drugging/raping students perhaps?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 1 Sep 2016 @ 5:25am

      Re:

      It is a well known fact that only tenured violate the morals and ethics of higher education, whereas the adjunct would never engage in such nefarious activities.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 31 Aug 2016 @ 3:37pm

    and since they won't release records, we're all free to speculate that records they won't reveal show the teaching staff deal drugs to students, sell them into white slavery, convince them to join ISIS..etc.etc..you get the point.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 31 Aug 2016 @ 3:50pm

    I don't know about the professor in question, but I just went to the University of Kentucky's website and the first person that pops up looks pretty rape-y.

    reply to this | link to this | view in chronology ]

  • icon
    That Anonymous Coward (profile), 1 Sep 2016 @ 10:59am

    If its not reported, it didn't happen.
    We have to worry more about our image, than that we hired someone who sexually harassed & assaulted students.
    We can't let people know how out of control it got from the victims own descriptions, we need a nice soft sell retelling from a PR firm.
    If people could see the real documents, there might be more hard questions we don't want to answer about our lack of response until we couldn't keep it quiet any longer.

    reply to this | link to this | view in chronology ]

  • icon
    Padpaw (profile), 2 Sep 2016 @ 5:46am

    if it is a staff member odds are they have a petty dictator situation. If it is a student that is accused of raping some one, then i would suspect it is the son of a prominent local businessman or political figure, the school is being paid to keep quiet

    reply to this | link to this | view in chronology ]


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