Legal Guidance Regarding Irami Osei-Frimpong

Hayden Barnes, Esq. filed this request with the University of Georgia of Georgia.
Status
Rejected

Communications

From: Hayden Barnes, Esq.


To Whom It May Concern:

Pursuant to the Georgia Open Records Act, I hereby request the following records:

In response to comments by University of Georgia (UGA) student Irami Osei-Frimpong, UGA issued a statement on January 18, 2019 that said in part: "We are seeking guidance from the Office of the Attorney General as to what actions we can legally consider in accordance with the First Amendment." See https://twitter.com/universityofga/status/1086434508822507520?s=21 and https://www.ajc.com/news/local-education/uga-assistant-under-fire-for-racially-charged-comments-about-whites/A8Tk9rw3twMOCC9mzGxPdJ.

This request is for any records, as defined by the O.C.G.A § 50-18-70(b)(2) and including but not limited to e-mails, letters, and phone logs, related to that request for legal guidance to the Office of the Attorney General and any guidance received from the Office of the Attorney General.

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,

Hayden Barnes, Esq.

From: University of Georgia

Mr. Barnes—

This email is in response to your Open Records Act request sent to us on Tuesday, March 5, 2019 at 10:50 p.m., after the close of business. For the purposes of the three-day response time, we deem your request received on Wednesday, March 6, 2019, and this response is being made within the three (3) business days provided by statute.

You began your request with this clarification: “In response to comments by University of Georgia (UGA) student Irami Osei-Frimpong, UGA issued a statement on January 18, 2019 that said in part: "We are seeking guidance from the Office of the Attorney General as to what actions we can legally consider in accordance with the First Amendment." See https://twitter.com/universityofga/status/1086434508822507520?s=21 and https://www.ajc.com/news/local-education/uga-assistant-under-fire-for-racially-charged-comments-about-whites/A8Tk9rw3twMOCC9mzGxPdJ.”

Then, you requested “any records, as defined by the O.C.G.A § 50-18-70(b)(2) and including but not limited to e-mails, letters, and phone logs, related to that request for legal guidance to the Office of the Attorney General and any guidance received from the Office of the Attorney General.”

With respect to your request, the material you have identified in the language quoted above is exempt from disclosure in accordance with O.C.G.A. § 50-18-72(41) and (42) along with O.C.G.A. § 50-18-72(a)(1) and (37) which specifically incorporates FERPA, (20 U.S.C. § 1232g; 34 CFR Part 99) into the Georgia Open Records Act.

Regards,

Bob Taylor
Division of Marketing & Communications
Open Records Manager/UGAPD Media Relations
Hodgson Oil Building, Suite 200 N | 286 Oconee St. | Athens, GA 30602
706-542-8090 | btaylor@uga.edu<mailto:btaylor@uga.edu> | www.uga.edu<http://www.uga.edu/>
[University of Georgia]
[Facebook]<https://www.facebook.com/uga.edu> [Twitter] <https://twitter.com/universityofga> [Instagram] <https://www.instagram.com/universityofga/> [Linkedin] <https://www.linkedin.com/edu/school?id=18190> [Youtube] <https://www.youtube.com/uga> [Snapchat] <https://www.snapchat.com/add/university-ga>

From: Hayden Barnes, Esq.

Mr. Taylor,

I would like to request reconsideration of your request.

You cite O.C.G.A. § 50-18-72(41). This exemption does not apply to factual findings. Please provide any factual findings that would be included, redacting any legal conclusions that may be covered by this exemption. If you are claiming "ending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions" exists, please send all responsive records confirming the existence of such.

You cite O.C.G.A. § 50-18-72(42). This exemption does not apply to factual findings. Please provide any factual findings that would be included, redacting any legal conclusions that may be covered by this exemption. If you are claiming "ending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions" exists, please send all responsive records confirming the existence of such.

You also cite O.C.G.A. § 50-18-72(a)(1) and O.C.G.A. § 50-18-72(a)(37). FERPA does not apply to student records that are not kept in a central student file. Please send all responsive records not kept in Irami Osei-Frimpong's central student file. Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 433, 122 S. Ct. 934, 939, 151 L. Ed. 2d 896 (2002); S.A. v. Tulare County Office of Education, 2009 Westlaw 3126322 (E.D.Cal)(2009); S.B. v. San Mateo Foster City Sch. Dist., No. 16-CV-01789-EDL, 2017 WL 4856868, at *18 (N.D. Cal. Apr. 11, 2017); Jacobson v. Ithaca City Sch. Dist., 53 Misc. 3d 1091, 1094, 39 N.Y.S.3d 904, 908 (N.Y. Sup. Ct. 2016);E.D. by & through T.D. v. Colonial Sch. Dist., No. CV 09-4837, 2017 WL 1207919, at *10 (E.D. Pa. Mar. 31, 2017); Weston ex rel. C.S. v. Kansas City, Mo. Sch. Dist., No. 07-0229-CV-W-HFS, 2011 WL 5513207, at *2 (W.D. Mo. Nov. 10, 2011);Red Lion Area Sch. Dist.,112 LRP 2720 (Penn. 2011); and Washoe County Sch. Dist., 114 LRP 25728 (Nevada May 23, 2014).

I appreciate your prompt attention in this matter.

Regards,

Hayden Barnes, Esq.
P.O. Box 1845
Columbus, GA 31902

From: University of Georgia

Mr. Barnes—

Thank you for your correspondence. After a review of the cases you have provided, we maintain that the documents you have requested are exempt from production pursuant to O.C.G.A. § 50-18-72(41) and (42) along with O.C.G.A. § 50-18-72(a)(1) and (37) which specifically incorporates FERPA, (20 U.S.C. § 1232g; 34 CFR Part 99).

Regards,

Bob Taylor
Division of Marketing & Communications
Open Records Manager/UGAPD Media Relations
Hodgson Oil Building, Suite 200 N | 286 Oconee St. | Athens, GA 30602
706-542-8090 | btaylor@uga.edu<mailto:btaylor@uga.edu> | www.uga.edu<http://www.uga.edu/>
[University of Georgia]
[Facebook]<https://www.facebook.com/uga.edu> [Twitter] <https://twitter.com/universityofga> [Instagram] <https://www.instagram.com/universityofga/> [Linkedin] <https://www.linkedin.com/edu/school?id=18190> [Youtube] <https://www.youtube.com/uga> [Snapchat] <https://www.snapchat.com/add/university-ga>

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