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Outside Police Records and Post-Graduation Investigation Files May Not Be Public Records

In the case of Cincinnati Enquirer v. Univ. of Cincinnati, 2020-Ohio-4958, it was concluded that both outside police records and post-graduation investigative files must be disclosed as public records as neither record was protected under the Family Education Rights and Privacy Act (“FERPA”).

In this case, a newspaper made a public records request for outside police records and investigative files created after a student had graduated. In rejecting the public records request, the university argued that the records were protected under FERPA as “educational records.” The special master agreed with the newspaper.

The outside police records were found to not be “educational records” because they were not created by the university police department. And, while the police records were kept by the university, they were not kept by the university as “confidential law enforcement investigatory records.” Note that the outcome of this case may have been much different had the university actually kept the outside police records as confidential law enforcement investigatory records.

The investigative files were also found to not be “educational records” because the files were created after the individual was no longer a student in attendance and, likewise, the files were not directly related to the individual’s attendance as a student. See 2020-Ohio-4958, at ¶ 31 (explaining the same).

To read the special master’s recommendation and report, click here.

To read the Court of Claim’s order adopting the special master’s recommendation and report, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

 

 

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