FOIA Email Record Request

Matt Freund filed this request with the Youngstown State University of Youngstown, OH.
Status
Rejected

Communications

From: Matt Freund


To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

an excel document containing the name and email addresses of undergraduate and graduate students from Fall 2017.

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 10 business days.

Sincerely,

Matt Freund

From: Youngstown State University

Dear Matt,

Please be advised that Youngstown State University no longer publishes a directory of student information. While the University may consider addresses as directory information pursuant to the Family Educational Rights and Privacy (FERPA) Act, disclosure of the information is permissive, not mandatory. Pursuant to Ohio's public records law, a record is public and subject to disclosure when the record serves to document the organization, functions, policies, decisions, procedures, etc., of the public entity and does not meet any of the exceptions. Student addresses do not meet the definition of a public record because student addresses do not serve to document the organization, functions, policies, decisions, etc., of Youngstown State University. In fact the Ohio Supreme Court held that addresses of public employees are not public records using a similar rationale. See Dispatch v. Johnson, 106 Ohio ST. 33d 160 (2005). Therefore, we decline to produce the addresses as requested.

Jeanne Herman
University Registrar
Youngstown State University
jmherman@ysu.edu<mailto:jmherman@ysu.edu>
330-941-2349
[Yandproud]

From: Youngstown State University

Youngstown State University no longer publishes a directory of student information. While the University may consider names, addresses, telephone numbers, class year and field of study as directory information pursuant to the Family Educational Rights and Privacy (FERPA) Act, disclosure of the information is permissive, not mandatory. Pursuant to Ohio's public records law, a record is public and subject to disclosure when the record serves to document the organization, functions, policies, decisions, procedures, etc., of the public entity and does not meet any of the exceptions. Student names, addresses, telephone numbers, class year and field of study do not meet the definition of a public record because student names, addresses, telephone numbers, class year and field of study do not serve to document the organization, functions, policies, decisions, etc., of Youngstown State University. In fact the Ohio Supreme Court held that names and addresses of public employees are not public records using a similar rationale. See Dispatch v. Johnson, 106 Ohio ST. 33d 160 (2005). Therefore, we decline to produce the requested records.

Margarita Bailey, Administrative Assistant
Office of the General Counsel
Youngstown State University
One University Plaza, Tod Hall - Room 314
Youngstown, Ohio 44555
mbailey@ysu.edu<mailto:mbailey@ysu.edu>
(330) 941-2340 - (330) 941-2394 (Fax)

[YSU General Counsel main]
Privacy and Confidentiality Notice: This e-mail message is intended for use only by the individual(s) or entity(ies) to whom it is addressed. This message and/or any attachments may contain information that is protected by the attorney-client privilege and/or is confidential in nature. If the recipient of this transmission is not an intended party(ies), you are strictly prohibited from using, copying, distributing, or taking any action in reliance on such information. If you have received this message in error, please notify the sender immediately by reply e-mail and delete it from your system without copying or forwarding it.

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