Bowling Green, KY – WKU Ordered to Reveal Key Documents Tied to Sexual Misconduct Probes

Breaking news from Bowling Green, where Western Kentucky University (WKU) has been court-ordered to reveal crucial documents in relation to sexual misconduct investigations.

That’s right folks, The Warren Circuit Court has ruled that WKU must release ‘minimally redacted copies’ connected to investigations of sexual misconduct under Title IX, as requested by a student newspaper in 2016. This mandate, issued by Circuit Judge Chris Cohron, lands seven and a half years after WKU took legal action against the student newspaper to keep the investigation documents private.

Let’s take a trip down memory lane. In 2016, this same student newspaper requested campus documents about ‘all investigative records for all Title IX investigations into all sexual misconduct allegations’. This included cases of sexual assault, sexual harassment, sexual exploitation, and stalking against WKU employees in the past five years. However, WKU refused this request. The student paper contested this decision and took it to the Kentucky Attorney General’s Office, which ordered the requested documents to be turned over, concealing only ‘names and personal identifiers of the complainant and witnesses.’

However, WKU decided not to comply with the Attorney General’s order and actually initiated legal proceedings against the student newspaper. The resolution of this case was delayed somewhat by a similar trial brought forward by the University of Kentucky and its student newspaper.

In 2021, the Kentucky Supreme Court sided with the student newspaper in their case. During all this, WKU did agree to share some records, but the student paper wasn’t satisfied. They claimed these records were overly redacted and violate the Kentucky Open Records Act.

Despite a plausible justification from WKU for their redactions and their attempts to ‘produce documents in a manner that satisfies all parties,’ the Circuit Court concluded that the university is to provide the student newspaper with the required documents upon demand. The authorities explained that if claims led to more protection in instances, it could lead to public agencies avoiding confirming claims and avoiding public scrutiny.

The court opinion highlighted that revealing the identities of those erroneously accused in unconfirmed claims wouldn’t constitute an unwarranted invasion of privacy. This is because citizens are very interested in making sure public establishments respond appropriately to sexual harassment accusations by any public employee.

WKU agreed with the court’s decision, expressing their satisfaction that this issue has been finally resolved and appreciating the court’s clarity on the matter. The student newspaper’s representation, a First Amendment lawyer, also agreed with the Court’s decision. The legal costs of the student newspaper in this matter were primarily covered by the Kentucky Press Association’s Legal Defense Fund, along with contributions from the student paper’s alumni and a grant from the Society of Professional Journalists Legal Defense Fund.

The lawyer also expressed the importance of the Kentucky Open Records Act and its role in ensuring transparency about the workings of the government. It is, after all, critical to know that serious allegations are dealt with appropriately and investigated thoroughly.