Brian Michael Larue - Northern Virginia Community College (Northern Virginia Community College, Springfield)

Eleanor McDougal filed this request with the Northern Virginia Community College, Springfield VA of Virginia.
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: Northern Virginia Community College, Springfield VA

Hello. I am the new FOIA contact for Northern Virginia Community College.

Yesterday, I noticed the below FOIA request in my Junk email box. It appears that Ms. Eleanor McDougal filed a FOIA request through Muckrock.com on Sept. 22, 2018. Because the identifying number is part of the email address, that email did not make it through our security firewalls. I apologize for the delay.

Regarding this request for college records for Mr. Brian Michael Larue, the Virginia Freedom of Information Act grants rights of access to public records to citizens of Virginia and media representatives that broadcast or have circulation in or into Virginia. Virginia FOIA laws do not grant rights to requestors from outside of Virginia. The Office of the Attorney General (OAG) in Virginia has held that before the requested information can be released, the requestor must provide evidence sufficient to determine that the requestor is a resident of the Commonwealth of Virginia; otherwise, the state agency is under no obligation to provide the requested documents.

In addition to the residency requirement, there is certain information held by educational institutions that is exempt from Virginia FOIA laws. Ms. McDougal may feel free to review these exemptions outlined in 2.2-3705.4. Exclusions to application of chapter; educational records and certain records of educational institutions (https://law.lis.virginia.gov/vacodefull/title2.2/chapter37/). Scholastic records of students are excluded from FOIA.

Based on the information provided in the original email, Northern Virginia Community College is denying this request based on the fact that it is not clear that Ms. McDougal meets the requirement of Virginia residency, and her request is pertaining to the scholastic record of an identifiable student.

Very sincerely,

KATHY A. THOMPSON
College FOIA Contact
Northern Virginia Community College
Direct: 703.764.7387
Email: KaThompson@nvcc.edu
Web: www.nvcc.edu

Files

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