UNR Sexual Assault 2021 (University Of Nevada Reno)
| Multi Request | UNR Sexual Assault 2021 |
| Submitted | Oct. 13, 2022 |
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Communications
From: Sophia Mastrangioli
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
- Any and all documentation regarding sexual assault allegations and incidents on the University of Nevada, Reno campus since January 2021.
- Any and all documentation regarding the outcome of these incidents
- Any and all documentation regarding sexual assault complaints at the University of Nevada, Reno
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,
Sophia Mastrangioli
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 Oct. 18, 2022. 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
Hello,
The request for "[a]ny and all documentation regarding . . ." is overbroad. Every record or document may not constitute a public record. Moreover, no specific record has been identified. 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." 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). The request is a broad demand for general information, not a request for specific, identifiable public records.
In addition, 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 law. 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. Therefore, if such records existed, they would be confidential and not subject to production.
Thank you,
[University of Nevada, Reno logo]<http://www.unr.edu/>
Lewis Beck
Operations Coordinator,
Administration and Finance
Mail stop: 0003
VPAF Office: (775)784-4031<tel:(775)784-4031>
Work Phone: (775)682-9269
lewisbeck@unr.edu<mailto:lewisbeck@unr.edu>
