TEXAS RULING: Bad News For Accused Males at University of Texas
A Travis County state District Court judge ruled Friday the public has a right to see disciplinary records of University of Texas students accused of sex crimes. The American-Statesman since August has sought the records as part of a larger investigation by the USA Today Network into sex offenses by college athletes. UT spokesman J.B. Bird said the university is going to take time to review the decision and consult with the Texas attorney general’s office.
The crux of the disagreement was over the interpretation of a portion of the Texas Public Information Act and how it relates to the Family Educational Rights and Privacy Act. Although both parties agreed the records were not protected by the educational privacy act, the university argued state law gave officials the choice of whether to release the records, while the Statesman argued the release was required by the same portion of state law.
In his letter to attorneys, Judge Stephen Yelenosky said UT failed to request an opinion from the Texas attorney general on whether such records could be withheld. In instances when a governmental entity is required to request an attorney general opinion and fails to do so, state law requires that entity to release the records, unless there is a compelling reason it could not seek the attorney general’s opinion.
The university also argued the records could not be released because UT promises accused students the records would remain confidential. Judge Yelenosky said that doesn’t matter. The university’s “promise of confidentiality to the accused in the disciplinary process is a promise it cannot keep,” the judge wrote. “A promise made by any person or entity is always subject to a legal determination contrary to that promise, whether stated or not.”
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