Business Insider August 25 2022 public records request

Tom Nash filed this request on behalf of Insider Staff with the Stafford County Public Schools of Stafford County, VA.
Status
Rejected

Communications

From: Insider Staff

To Whom It May Concern:

Pursuant to the Virginia 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.

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,

Tom Nash, a citizen of Virginia, in coordination with Insider Staff.

From: Insider Staff

Good afternoon,

I am following up once more on my public records request, copied below, and originally submitted on August 27, 2022. Please reply to this email with a) copies of all responsive records ready for release as of today, Sept. 7, and b) an estimated date of completion for when I should expect to receive any additional documents.

Thank you,

From: Stafford County Public Schools

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

Pursuant to Va. Code Section 2.2-3705.1(1
<https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3705.1/>),
such
records are not subject to mandatory disclosure. The custodian exercises
its discretion to withhold release of such information as permitted by Va.
Code Section 2.2-3705.1(1)
<https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3705.1/>.

-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.
Pursuant to Va. Code Section 2.2-3705.1(1
<https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3705.1/>),
such
records are not subject to mandatory disclosure. Regarding "court filings
and/or rulings" which are publicly filed, Stafford County Public Schools
has no records responsive to the FOIA request. The custodian exercises its
discretion to otherwise withhold release of the information requested as
permitted by Va. Code Section 2.2-3705.1(1)
<https://law.lis.virginia.gov/vacode/title2.2/chapter37/section2.2-3705.1/>

--
Dr. James D. Stemple, Executive Director of
Constituent Services and Title IX Coordinator
FOIA Officer
Stafford County Public Schools
31 Stafford Avenue
Stafford, VA 22554
540-658-6000 (phone)
540-645-9437 (cell)

*E-mail Disclaimer:* *The information conveyed in this communication is
intended for the use of the original addressee(s), and may be legally
privileged, confidential, and/or exempt from disclosure under applicable
law. If this communication was not addressed or copied to you, then you
have received it in error and are strictly prohibited from reading,
copying, distributing, disseminating, or transmitting any of the
information it conveys. If you have received this communication in error,
please destroy all electronic, paper, and other copies, and notify the
sender of the error immediately. Accidental transmission of this
communication is not intended to waive any privilege or confidentiality
protected under Virginia's Freedom of Information Act.*

Files

There are no files associated with this request.