Title IX complaints - University of Nevada, Reno
It is a clone of this request.
| Submitted | March 17, 2024 |
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Communications
From: Jessica Cabrera
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
- Internal communications within the University of Nevada, Reno regarding Title IX complaints filed during the 2021-2022, 2022-2023, 2023-2024 academic year.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Jessica Cabrera
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Nevada Public Records Act request, copied below, and originally submitted on March 18, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: University Of Nevada Reno
Good afternoon.
In order to inspect or copy a public record, the specific record must be identified by the person requesting the document. Courts in addressing this issue have held that "agencies are required to disclose only 'identifiable' governmental records not otherwise exempt. Wholesale requests for general information to be analyzed, collected and compiled by the responding government entity are not encompassed therein." See e.g., Hodai v. City of Tucson, C20141225 (Ariz. Super. Ct. 2014) citing mag Entertainment LLC v. Div. of Alcohol Beverages Control, 868 A.2d 1067, 1076 (N.J. Sup. Ct. App. Div. 2005). A government agency is not required to respond to an overbroad request that does not request specific records. Id. at 1074, citing Capitol Info. Assoc. v. Ann Arbor Police, 360 N.W.2d 262, 263 (1985); see also e.g., Rogers v. Superior Court, 23 Cal.Rptr.2d 412 (Cal. App. 4th 1993) ("It makes no sense to permit an individual to make a general, unfocused request for records to the public agency ... [t]he request to the agency must itself be focused and specific.").
The University has over 6,000 employees. You have not identified the individuals whose communications your seek. Your request is overbroad and does not seek specific records. Please provide specificity regarding the records you request. Until you have done so, the University is unable to process this request.
Thank you,
Jodi
Jodi Fraser
Manager, Administration
(775) 784-4031
From: Jessica Cabrera
Hello Jodi,
Thank you for the additional information. Does the request become more reasonable if I specifically narrow down the request to a list of Title IX training statuses (indicating the completion or incompletion of training) for tenure-track, tenured, and Instructor Rank I faculty?
Regards,
Jessica
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Nevada Public Records Act request, copied below, and originally submitted on March 18, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Nevada Public Records Act request, copied below, and originally submitted on March 18, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Nevada Public Records Act request, copied below, and originally submitted on March 18, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: University Of Nevada Reno
Good afternoon.
The University responds to your clarification as follows:
You have not identified the individuals whose records you seek. Moreover, the records requested are confidential personnel records. The records are made confidential under NAC 284.718 and Nevada System of Higher Education Code section 5.6.2. The Code has the force and effect of statute. State ex rel. Richardson v. Board of Regents, 70 Nev. 144, 261 P.2d 515 (1953). The records are also confidential under the common law balancing test. Las Vegas Review-Journal, Inc. v. Las Vegas Metro. Police Dep't, 139 Nev. Adv. Op. 8, 526 P.3d 724 (2023); Donrey v. Bradshaw, 106 Nev. 630, 636, 798 P.2d 144 (1990.
Thank you,
Jodi
Jodi Fraser
Manager, Administration
(775) 784-4031
Files
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