WKU ordered to release sexual misconduct records after years-long lawsuit with student paper
A judge has ordered Western Kentucky University to turn over “minimally redacted copies” of records related to sexual misconduct investigations of employees in a years-long lawsuit between the university and two student news organizations.
The original records requests were filed in 2015 by the University of Kentucky’s student newspaper, the Kentucky Kernel, and in 2016 by WKU’s student newspaper, the College Heights Herald. Both had requested Title IX investigation records related to sexual misconduct allegations made against university employees. In an order last week, Judge Christopher Cohron in Warren Circuit Court said WKU must produce the records requested with minimal redactions.
After the original records requests were filed, WKU refused to turn records over, and student reporters filed an appeal with the Kentucky Attorney General’s Office. The office ordered the documents to be turned over, with names and personally identifying information redacted. In turn, WKU sued the student newspapers in Warren Circuit Court to block access to the records in 2017.
WKU argued that releasing the names of employees who were accused of sexual misconduct could lead to the identification of those who reported the misconduct, and expressed concerns about releasing names of employees who were incorrectly accused of misconduct.
Chuck Clark, director of student publications at WKU, said he was pleased with the outcome, despite the years it took to reach this ruling.
“The students on the College Heights Herald wanted to take a deep look at how WKU investigated complaints of sexual misconduct,” Clark said in an email to the Herald-Leader. “Initially, this case was about getting any records at all, but over the past couple of years, it has been about what the students saw as excessive redaction of those records. I’m gratified that the judge upheld the Kentucky Open Records Act and took note that openness and transparency are essential to maintaining public trust.”
A similar lawsuit was filed by UK against the Kernel over the same records request in 2016, and in 2021, the Kentucky Supreme Court ruled that UK had violated the state’s open records law in declining to hand over the records. Tom Miller, attorney for the Kernel, said last week’s ruling affirms the importance of the Supreme Court ruling.
“It expands the rights of the public and the press to obtain information from universities, in both cases that are trying to protect their reputations and shield and protect those employees who have been accused of sexual improprieties towards students,” said Tom Miller, attorney for the Kernel.
In the last seven years since the case was filed, WKU has turned over some records, but the student newspapers argued that the redactions were excessive, and therefore illegal under state open records law. The Kernel and the Herald had also requested that WKU pay its attorney’s fees and costs in the lawsuit, which was denied in the order last week.
“Since the litigation began, the university’s intention has been to protect the privacy interest of employees in compliance with the law who were found to have not violated university policy,” said WKU spokesperson Jace Lux in a statement to the Herald-Leader. “We are pleased this matter has been resolved and appreciate the clarity the court has provided.”
Disclosure: Herald-Leader reporter Monica Kast was a student at Western Kentucky University and a reporter at the College Heights Herald in 2017 when the lawsuit against the student newspaper was filed.