Business Insider public records law request August 16 2022

To Whom It May Concern:

Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:

-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.

-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.

To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.

I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.

Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.

Note: a delay in access to these records is tantamount to a denial of access.

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 3 business days, as the statute requires.

Sincerely,

Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.

Good afternoon,

Thank you for the update. Unfortunately, it appears you have misconstrued both my request and the limitations of the statutory exemptions which you cite as the basis to withhold public information. I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts.

First, by way of context, I've requested these same records from a dozen other school districts across the state. Fayetteville Public Schools is the only district to deny this request.

Regarding the separation and settlement agreements I've requested, these are not, as you assert, part of an employee's personnel file. With respect to the separation and settlement agreements I've requested, please note that I am requesting all such agreements, regardless of the underlying reason/rationale for departure. It defies logic that in a district as large as Fayetteville Public Schools, not a single employee would have separated from the district in the past five years. Please reply to this email and confirm your understanding of both the scope of my request and public nature of these documents.

With respect to the disciplinary and other records I've requested, while it is true that state statute does allow agencies to withhold certain aspects of an employee's personnel file, as you've alluded to, these exemptions do not apply to matters of sexual misconduct and abuse. Indeed, given the district's obligation to ensure student safety, other districts in Arkansas have readily segregated these records and made them available for public inspection. I can only assume that the Fayetteville Public Schools similarly values the safety of its students. In an effort to assist you in legitimately processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students.

Lastly, it is puzzling that you would attempt to further cite FERPA as the basis for your denial. In no scenario are matters of employee misconduct considered student educational records; FERPA is in no way whatsoever applicable to this request.

Please let me know if this is unclear.
Thank you,

Good afternoon,

I've already provided proof of citizenship, which is not, as you claim, even required to process this valid request. Indeed, like virtually every other aspect of your response, that too is a discretionary choice by the district.

See attached.

Should Fayetteville Public Schools continue to misconstrue and blatantly disregard this records request, I'll need a statement from Superintendent Colbert that explains why he feels it is in the best interest of students in the district to keep records regarding sexual abuse and misconduct by teachers a secret.

Given the nature of my request and the district's immense obligation to ensure student safety, I trust you will treat this request with the attention and care that it deserves moving forward, rather than attempt to dismiss it out of hand.

Thank you.