Refinery29 Media Request for Title IX Hearing Transcripts & Documents
| Submitted | Oct. 8, 2021 |
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Communications
From: Molly Longman
To Whom It May Concern:
Pursuant to the Nebraska Public Records Act, I hereby request the following records:
All documents and transcripts pertaining to UNL student Hannah Johnson's Title IX hearing, held on March 4, 2021. Specifically, I'd like to request transcripts from both the Title IX hearing and pre-hearing meetings. I'd also like to ask for copies of the witness lists and questions submitted ahead of the hearing by the respondent and Johnson.
We’d also like to receive any and all documents and communications—including but not limited to emails, text messages, memoranda, Powerpoint presentations and calendar entries— dated from July 2020 to the time this request is processed mentioning Hannah Johnson from the following parties:
Title IX Coordinator Meagan Counley, mcounley2@unl.edu
Deputy Title IX Coordinator Leslie Shaver, lshaver@unl.edu
We’d also like to request any communication between the Title IX office and lawyer Justin Kalemkiarian, whose email is justin@jsberrylaw.com.
In order to help to determine my status to assess fees, you should know that I am a representative of the news media affiliated with Refinery29 and Vice Media Group, and this request is made as part of news gathering and not for a commercial use.
Thank you kindly for your time and help.
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 4 business days, as the statute requires.
Sincerely,
Molly Longman
From:
The University of Nebraska is in receipt of Molly Longman's public records request dated Friday, October 8, 2021. This email serves as a denial of your request. You requested:
All documents and transcripts pertaining to UNL student Hannah Johnson's Title IX hearing, held on March 4, 2021. Specifically, I'd like to request transcripts from both the Title IX hearing and pre-hearing meetings. I'd also like to ask for copies of the witness lists and questions submitted ahead of the hearing by the respondent and Johnson.
We'd also like to receive any and all documents and communications-including but not limited to emails, text messages, memoranda, Powerpoint presentations and calendar entries- dated from July 2020 to the time this request is processed mentioning Hannah Johnson from the following parties:
Title IX Coordinator Meagan Counley, mcounley2@unl.edu
Deputy Title IX Coordinator Leslie Shaver, lshaver@unl.edu<mailto:lshaver@unl.edu>
The University is withholding documents pursuant to Neb. Rev. Stat. § 84-712.05 (1) because the documents you requested contain personal information of a student or students that are not routine directory information and are protected under the Family Educational Rights and Privacy Act and (2) because documents you requested are investigatory records pursuant to Neb. Rev. Stat. § 84-712.05(5). The undersigned is the public official responsible for the decision to withhold any record for the reasons discussed above. Neb. Rev. Stat. § 84-712.03 provides certain rights of judicial review or administrative review by the Attorney General of the State of Nebraska of this decision. A copy of this statute is enclosed.
The University is in the process of determining what, if any communications, the "Title IX office" has had with Justin Kalemkiarian. As a point of clarification are you seeking any emails with Mr. Kalemkiarian regarding a specific matter or during a specific period of time?
Thank you,
Bren
Bren H. Chambers
Associate General Counsel
University of Nebraska
234 Varner Hall
3835 Holdrege St
Lincoln, NE 68583
Office: (402) 472-1201<tel:(402)%20472-1201>
bchambers@nebraska.edu<mailto:bchambers@nebraska.edu>
[university of nebraska logo lockup with campuses]
This message and any attachments are confidential, may contain privileged information, and are intended solely for the recipient(s) named above. If you are not the intended recipient, or a person responsible for delivery to the named recipient, any review, distribution, dissemination or copying by you is prohibited. If you have received this message in error, you should notify the sender by return e-mail and delete the message from your computer system and destroy any copies in any form.
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From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Nebraska Public Records Act request, copied below, and originally submitted on Oct. 8, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Molly Longman
Hi, Bren:
Thank you so much for this response. Regarding communications with Mr. Kalemkiarian, I'd love to receive all emails between the Title IX office and its employees and Mr. Kalemkiarian between July 2020 and the time of this request.
Thank you, and let me know if you have any other follow up questions.
Warm regards,
Molly
From: Molly Longman
Hi, Bren:
I just wanted to follow up on these emails with Mr. Kalemkiarian.
Additionally, I wanted to see if you could please fill the rest of this request with all the names of students involved redacted and with any personal information of a student or students redacted as well. Would the request then abide by the Family Educational Rights and Privacy Act. If you have any questions, please call me at 646-937-3440.
Thank you so much for your time and help.
Warm regards,
Molly
From: University Of Nebraska Lincoln Office Of University Communication
Molly,
The University is still in the process of determining what records regarding communications with Justin Kalemkiarian the University might have and if we will require a cost deposit to search and produce them. I suspect virtually all to the communications will be within the context of specific student matters and therefore will be protected from disclosure under the previously cited student and investigative records protections. However, I am hoping to have more specific information to you by the end of this week.
With respect to your request for redaction, the University respectfully declines to do so. The University does not consider any information in student and investigation records to be “reasonably segregable” under Neb. Rev. Stat. § 84-712.07. Additionally, FERPA contains no similar provision regarding the possible segregation or redaction of student records and subsequent release to the public. Thus, the University stands by its original denial with respect to your request.
Thank you,
Bren
Bren H. Chambers
Associate General Counsel
University of Nebraska
234 Varner Hall
3835 Holdrege St
Lincoln, NE 68583
Office: (402) 472-1201<tel:(402)%20472-1201>
bchambers@nebraska.edu<mailto:bchambers@nebraska.edu>
[university of nebraska logo lockup with campuses]
This message and any attachments are confidential, may contain privileged information, and are intended solely for the recipient(s) named above. If you are not the intended recipient, or a person responsible for delivery to the named recipient, any review, distribution, dissemination or copying by you is prohibited. If you have received this message in error, you should notify the sender by return e-mail and delete the message from your computer system and destroy any copies in any form.
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From: University Of Nebraska Lincoln Office Of University Communication
Molly,
The University has completed its review of documents responsive to your public records request seeking communications with Justin Kalemkiarian and the University of Nebraska-Lincoln’s Office of Institutional Equity and Compliance (Title IX Office). The University is denying your request and withholding documents for the following reasons:
1. Documents contain personal information, other than directory information, regarding students of the University of Nebraska pursuant to Neb. Rev. Stat. § 84-712.05(1). Records were also withheld as education records pursuant to the Family Educational Rights and Privacy Act.
2. Documents are investigative records pursuant to Neb. Rev. Stat. § 84-712.05(5).
3. Documents contain personal information, other than salaries and routine directory information regarding University of Nebraska personnel.
The undersigned is the public official responsible for the decision to withhold any record for the reasons discussed above. Neb. Rev. Stat. § 84-712.03 provides certain rights of judicial review or administrative review by the Attorney General of the State of Nebraska of this decision. A copy of this statute is enclosed.
Thank you,
Bren
Bren H. Chambers
Associate General Counsel
University of Nebraska
234 Varner Hall
3835 Holdrege St
Lincoln, NE 68583
Office: (402) 472-1201<tel:(402)%20472-1201>
bchambers@nebraska.edu<mailto:bchambers@nebraska.edu>
[university of nebraska logo lockup with campuses]
This message and any attachments are confidential, may contain privileged information, and are intended solely for the recipient(s) named above. If you are not the intended recipient, or a person responsible for delivery to the named recipient, any review, distribution, dissemination or copying by you is prohibited. If you have received this message in error, you should notify the sender by return e-mail and delete the message from your computer system and destroy any copies in any form.
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