Judge orders Kentucky Attorney General can join Kentucky State University lawsuit against University

Judge orders Kentucky Attorney General can join Kentucky State University lawsuit against University of Kentucky’s student newspaper

Franklin Circuit Judge Thomas Wingate ruled recently that Attorney General Andy Beshear can join an open-records lawsuit between a student newspaper and Kentucky State University, saying the denial of Beshear’s authority to review disputed public records thwarts public interest in government transparency.

In October, the University of Kentucky’s student newspaper, The Kentucky Kernel, submitted an open-records request to state universities and colleges for information on Title IX sexual misconduct investigations of university employees in the past five years. KSU and Western Kentucky University, as well as UK, denied both Beshear’s office and the Kernel access to those records.

After a denial of an open records request, an appeal can be made to the Attorney General’s Office to dispute the denial. The office has 20 days to issue an opinion on whether the Open Records Act has been violated, and the opinion can be appealed in circuit court within 30 days. During the appeals process, under state statute the Attorney General’s Office has the statutorial power to inspect the disputed records confidentially. Unless it is appealed, the Attorney General Office’s opinion has the force and effect of law.

In April, KSU attorney Joshua Salsburey asserted that the university could not provide the records for Beshear’s confidential review, citing federal law such as the CLERY Act, the Violence Against Women Act and the Family Educational Rights and Privacy Act (FERPA). The same response given by both WKU and UK.

Read more: http://www.state-journal.com/2017/05/10/judge-orders-kentucky-attorney-general-can-join-kentucky-state-university-lawsuit-against-university-of-kentuckys-student-newspaper/