Refinery29 Media Request for Title IX Hearing Transcripts & Documents

Molly Longman filed this request with the University of Nebraska of Nebraska.
Submitted Oct. 8, 2021
Status
Rejected

From: Molly Longman

Subject: Nebraska Public Records Act Request: Refinery29 Media Request for Title IX Hearing Transcripts & Documents

Email

To Whom It May Concern:

Pursuant to the Nebraska Public Records Act, I hereby request the following records:

All documents and transcripts pertaining to UNL student Hannah Johnson's Title IX hearing, held on March 4, 2021. Specifically, I'd like to request transcripts from both the Title IX hearing and pre-hearing meetings. I'd also like to ask for copies of the witness lists and questions submitted ahead of the hearing by the respondent and Johnson.

We’d also like to receive any and all documents and communications—including but not limited to emails, text messages, memoranda, Powerpoint presentations and calendar entries— dated from July 2020 to the time this request is processed mentioning Hannah Johnson from the following parties:
Title IX Coordinator Meagan Counley, mcounley2@unl.edu
Deputy Title IX Coordinator Leslie Shaver, lshaver@unl.edu

We’d also like to request any communication between the Title IX office and lawyer Justin Kalemkiarian, whose email is justin@jsberrylaw.com.

In order to help to determine my status to assess fees, you should know that I am a representative of the news media affiliated with Refinery29 and Vice Media Group, and this request is made as part of news gathering and not for a commercial use.

Thank you kindly for your time and help.

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 4 business days, as the statute requires.

Sincerely,

Molly Longman

From:

Subject: FW: Nebraska Public Records Act Request: Refinery29 Media Request for Title IX Hearing Transcripts & Documents

Email

Molly:

I am the Director of University Records for the University of Nebraska. This email is in response to your public records request dated February 1, 2022. As you note in your email, the original records request was provided to the University on October 8, 2021. The University provided responses to your original request on October 14, November 1, and November 4, 2021. We stand by our previous denial of your request – which, for clarity, was denied on the following bases:

1. Documents contain personal information, other than directory information, regarding students of the University of Nebraska pursuant to Neb. Rev. Stat. § 84-712.05(1). Records were also withheld as education records pursuant to the Family Educational Rights and Privacy Act.

2. Documents are investigative records pursuant to Neb. Rev. Stat. § 84-712.05(5).

3. Documents contain personal information, other than salaries and routine directory information regarding University of Nebraska personnel.

In addition, and as previously discussed, the University respectfully declines to provide redacted versions of any of the requested documents. The University does not consider any information in student and investigation records to be “reasonably segregable” under Neb. Rev. Stat. § 84-712.07. Additionally, FERPA contains no similar provision regarding the possible segregation or redaction of student records and subsequent release to the public. Thus, the University stands by its original denial with respect to your request in this regard, as well.

The undersigned is the public official responsible for the decision to withhold any record for the reasons discussed above. Neb. Rev. Stat. § 84-712.03 provides certain rights of judicial review or administrative review by the Attorney General of the State of Nebraska of this decision. A copy of this statute is enclosed.

A final note: It appears that the below request has been previously sent to several university departments. Please direct any future public records requests to my attention at jklintoe@nebraska.edu<mailto:jklintoe@nebraska.edu>.

Thank you, and please let me know if you have any questions,

Jaclyn

Jaclyn L. Klintoe
Associate General Counsel/Director of University Records
227 Varner Hall
Office: (402) 472-1201<tel:(402)%20472-7146>
jklintoe@nebraska.edu<mailto:jklintoe@nebraska.edu>
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