Student newspapers are seeking to expand access to public records on crimes on campus
IU’s denial of sexual assault record access violates public access laws, state says
By Cate Charron published by Indiana Daily Student Jan 31, 2022
IU violated public access laws when it denied the Indiana Daily Student’s open records request for a student’s disciplinary record pertaining to sexual assault, according to the opinion of Luke Britt, the Indiana Public Access Counselor.
“FERPA simply operates to protect student populations by preventing schools from sweeping allegations of violence or sex offenses under the rug in order to protect the school’s brand or reputation,” Britt said in the opinion.
The records were requested during the six-month reporting process for the now-published “Dissonance in due process” investigation. The investigation found the university did not follow its word when readmitting IU student Chris Parker after he violated a suspension stemming from a 2015 sexual assault. If he came on campus during his suspension, the suspension terms said he was either to be expelled or charged by police. Neither happened, and he was suspended again.
In August 2021, the IDS obtained a document which said Parker was found responsible for a sexual assault after a Title IX and hearing process in 2016. Knowing this, the IDS requested Chris Parker’s disciplinary record in an open records request Sept. 14, 2021, citing Indiana Code and a Family Educational Rights and Privacy Act exemption. IU is a public university, meaning it is subject to the Access to Public Records Act.
