Title IX complaints -- University of Nevada, Reno

Jessica Cabrera filed this request with the University Of Nevada Reno of Reno, NV.

It is a clone of this request.

Submitted March 17, 2024
Status
Rejected
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From: Jessica Cabrera

Subject: Nevada Public Records Act Request: Title IX complaints -- University of Nevada, Reno

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To Whom It May Concern:

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

- Any and all Title IX complaints involving the University of Nevada, Reno during the academic years 2021-2022, 2022-2023, 2023-2024
- Any records relating to Title IX complaints filed from January 1, 2024 to the present date.

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: University Of Nevada Reno

Subject: PRR 2652 - Nevada Public Records Act Request: Title IX complaints -- University of Nevada, Reno

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Good afternoon.

Title IX regulations make the identity of a complainant, a respondent, a person who has made a report of sex discrimination, a person who has been reported to be the perpetrator, and any witness, confidential unless FERPA exceptions apply. See 34 C.F.R. § 106.71(a). Title IX complaints and investigations of complaints involving employees, if any, are confidential personnel matters and are protected from public disclosure under the Board of Regents Handbook, the NSHE Code (including section 5.6.2) and the common law balancing test. Donrey v. Bradshaw, 106 Nev. 630, 636, 798 P.2d 144 (1990). The NSHE Code has the force and effect of statute. State ex rel. Richardson v. Board of Regents, 70 Nev. 144, 150 (1953). To the extent such complaints and investigations, if any, also involve students, they are confidential under the Family Educational Rights and Privacy Act ("FERPA"), which deems education records of students to be confidential. See 20 U.S.C. section 1232g(4) and 34 C.F.R. section 99.3. Such records are also confidential under the common law balancing test. Donrey v. Bradshaw, 106 Nev. 630, 636, 798 P.2d 144 (1990). Therefore, if such records exist, they would be confidential and not subject to production. Discrimination complaints are made confidential by NSHE Code section 5.6.2 and the common law balancing test.

Thank you,
Jodi

Jodi Fraser
Manager, Administration
(775) 784-4031