Brian Michael Larue - Northern Virginia Community College (Virginia Community College System)

Eleanor McDougal filed this request with the Virginia Community College System of Richmond, VA.
Multi Request Brian Michael Larue - Northern Virginia Community College
Status
Rejected

Communications

From: Eleanor McDougal


To Whom It May Concern:

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

Any and all records concerning former Northern Virginia Community College student Brian Michael Larue (date of birth 12/23/82) between the dates of September 1, 2014 - May 31, 2015. Disciplinary records or incident reports would be particularly pertinent, but transfers or schedules will also be welcome.

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 5 business days, as the statute requires.

Sincerely,

Eleanor McDougal

From: Virginia Community College System

Dear Ms. Eleanor McDougal:

This office is in receipt of your request for records made in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). You have requested records relating to former Northern Virginia Community College student Brian Michael Larue. This office may have information responsive to your request.
Please be advised, however, that these records are exempt from disclosure because FOIA does not grant rights to requesters from out-of-state. This limitation was challenged by two out-of-state requesters in the case of McBurney v.Young, which was decided by the Supreme Court of the United States on April 29, 2013 (case No. 12-17).
The premise of the challenge was that the citizenship limitation in Virginia's FOIA violates the Privileges and Immunities Clause and the dormant Commerce Clause of the Constitution of the United States by discriminating against citizens from out-of-state. However, the Supreme Court held that the citizenship limitation in FOIA does not violate the Constitution.
Further, sharing several of the specific pieces of information you requested may violate the Code of Virginia. Accordingly, the records will not be released.
Thank you for contacting this office.

Sincerely,

Jeffrey Kraus

Jeffrey J. Kraus
Assistant Vice Chancellor for Strategic Communications and
VCCS System Office Virginia FOIA Officer
Virginia's Community Colleges<http://www.vccs.edu/>
Pronouns: he, him, his

From: Virginia Community College System

Dear Mr. McDougal:

This office is in receipt of your request for records made in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). You have requested records relating to Brian Michael Larue, who you say is a former student of Northern Virginia Community College. This office does not have information responsive to your request.
Further, any such record would be exempt from disclosure because FOIA does not grant rights to requesters from out-of-state. This limitation was challenged by two out-of-state requesters in the case of McBurney v.Young, which was decided by the Supreme Court of the United States on April 29, 2013 (case No. 12-17).
The premise of the challenge was that the citizenship limitation in Virginia's FOIA violates the Privileges and Immunities Clause and the dormant Commerce Clause of the Constitution of the United States by discriminating against citizens from out-of-state. However, the Supreme Court held that the citizenship limitation in FOIA does not violate the Constitution.
Thank you for contacting this office.

Sincerely,

Jeffrey Kraus

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