Title IX complaints, UC Davis

Dear Maryanne Willkinsin,

The purpose of this email is to confirm that we continue to work on your public records request below. As allowed pursuant to California Government Code section § 7922.535(b), we require additional time to respond to your request.

We will respond to your request with a determination no later than the close of business on Wednesday, March 13, 2024.

Should you have any questions, please contact our office at publicrecords@ucdavis.edu<mailto:publicrecords@ucdavis.edu>.

Thanks,
Lara

Lara H. Stilling
Information Practices Analyst
UC Legal – UC Davis Office of the Campus Counsel
One Shields Avenue, Davis, CA 95616
(530) 752-3189
https://campuscounsel.ucdavis.edu<https://campuscounsel.ucdavis.edu/>

Dear Maryanne,

This email is to acknowledge your Public Records Act request submitted below.

1. Any and all Title IX complaints involving The University of California, Davis during the academic years 2014-2015 through 2022-2023.
2. Internal communications within the University of California, Davis regarding Title IX complaints filed during the above academic years.
3. Any records relating to Title IX complaints filed from January 1, 2024 to February 14, 2024.
4. In addition to the above request, I would like the raw data for all reports made to the Title IX Compliance office for the 2021-2022 and 2022-2023 academic years, omitting identifying information where necessary.

Appropriate University of California offices are being notified of your request and a search for the information is underway. All information identified as responsive to your request will be reviewed, and made available for your access, in accordance with relevant law and University policy. The estimated date for production of the requested records is on or around April 8, 2024.
Your request number is UCDPRA24097. Please feel free to 'reply all' should you have any questions or need additional information as we work to complete your request. Please feel free to visit our Campus Counsel <https://campuscounsel.ucdavis.edu/> website for additional information concerning records requests.

Thank you,
Lara

Lara H. Stilling
Information Practices Analyst
UC Legal – UC Davis Office of the Campus Counsel
One Shields Avenue, Davis, CA 95616
(530) 752-3189
https://campuscounsel.ucdavis.edu<https://campuscounsel.ucdavis.edu/>

Hi Maryanne,

Please see the attached document regarding your public records request, in addition to the link and notes below.

* Any and all Title IX complaints involving The University of California, Davis during the academic years 2014-2015 through 2022-2023.

i. Lists of Title IX complaints are publicly available on the Sexual Violence Prevention and Response - Policies and Reports<https://sexualviolence.ucdavis.edu/annual-reports> page. These annual reports go back to 2014-2015, and the 2022-2023 report is being compiled as we speak. It will be posted to the website in April 2024.

* Internal communications within the University of California, Davis regarding Title IX complaints filed during the above academic years.

i. Internal communications regarding Title IX complaints are exempt from disclosure pursuant to Government Code § 7922.000, where "...the public interest served by not disclosing the record[s] clearly outweighs the public interest served by disclosure of the record[s]." Particularly, "[t]he disclosure of materials would expose an agency's decision-making process in such a way as to discourage candid discussion within the agency and thereby undermine the agency's ability to perform its functions, and "frank discussion[s] of legal or policy matters might be inhibited if subjected to public scrutiny." (California First Amendment Coalition v. Superior Ct. (1998) 67 Cal. App. 4th 159, 170. See also Times Mirror Co. v. Superior Ct. (1991) 53 Cal. 3d 1325.) Disclosure of such investigative records would impair the privacy of investigation participants, impair the integrity of the investigation and decision-making process, discourage reporting of employee misconduct, and discourage participation of complainants and witnesses.

ii. Additionally, these communications are exempt to protect individual privacy under the Federal Educational Rights and Privacy Act ("FERPA") (20 U.S.C. 1232g, student privacy), the California Information Practices Act ("IPA", Civil Code section 1798 et. seq., employee privacy), the California Constitutional right to privacy, and the common law right to privacy. Both the California Constitution and the California Public Records Act ("CPRA") expressly contemplate that under certain circumstances, the privacy rights of individuals supersede the right of public access to public records. The University is required to apply a "balancing test" in such cases to determine whether the individual's privacy interest outweighs the public right of access, given the specific facts at issue.

* Any records relating to Title IX complaints filed from January 1, 2024 to February 14, 2024.

i. See attached

* In addition to the above request, I would like the raw data for all reports made to the Title IX Compliance office for the 2021-2022 and 2022-2023 academic years, omitting identifying information where necessary.

i. If the raw data you are looking for is not contained in these reports, let me know.

With the delivery of this email and the records herein we are considering your request closed. Should you have any questions or wish to request additional records please contact publicrecords@ucdavis.edu<mailto:publicrecords@ucdavis.edu> or call (530) 754-6295<tel:(530)%20754-6295>.

Thank you,
Lara

Lara H. Stilling
Information Practices Analyst
UC Legal - UC Davis Office of the Campus Counsel
One Shields Avenue, Davis, CA 95616
(530) 752-3189
https://campuscounsel.ucdavis.edu<https://campuscounsel.ucdavis.edu/>