UPDATE: KY AG says WKU violated open records law, WKU releases statement
Update: 11:16 a.m., 2/7/2017
Andrea Anderson, the Assistant General Counsel and Title IX Coordinator at WKU, released the following statement Tuesday regarding Attorney General Andy Beshear's ruling that WKU acted llegally by turning down two open records requests:
“WKU has an obligation to protect educational records and privacy rights of the complaining witnesses pursuant to federal law. From the onset of the College Heights Herald’s request, we have advised that we would adhere to the outcome of litigation between the University of Kentucky and their student newspaper on this very issue. Judge Clark of the Fayette Circuit Court ruled in favor of the University of Kentucky and reversed the Attorney General’s Order to produce the requested records citing federal privacy rights.”
Attorney General Andy Beshear rules that Western Kentucky University acted illegally by turning down open records requests to two student newspapers. In his ruling, Beshear says the university's decision violated the state's open records statute.
The students represented The Kentucky Kernel and the College Heights Herald. Both students were trying to access records related to sexual misconduct investigations on the hill last fall.
Beshear said both students must be allowed access to the disputed records with the exception of personal identifiers of the complainant and witnesses. The university is considering whether to appeal.