Daily News Clips
Office of the Chancellor / Public Affairs
Monday, September 8, 2003
 

Chronicle of Higher Education 9-8-03

Newspaper May Not See Students' Disciplinary Records, Vermont Supreme Court Rules
By WILL POTTER

 

Vermont's public colleges do not have to disclose student disciplinary records because the documents have special legal protection, the Vermont Supreme Court ruled on Friday.

The Caledonian-Record, a newspaper in St. Johnsbury, Vt., had sued to gain access to student disciplinary records at nearby Lyndon State College, including minutes from disciplinary hearings. The newspaper argued that because the college is a state institution, the state's Public Records Act and Vermont Open Meeting Law would require the documents to be released.

The trial court disagreed and ruled that disciplinary hearings are not technically "meetings" under the law. The court also said that the campus's disciplinary proceedings are "education records" protected by the federal Family Educational Rights and Privacy Act, a 1974 law that forbids the release of most records of students without their consent.

The Vermont Supreme Court, though, sidestepped both of those thorny matters.

"It is unnecessary, in our view, to resolve these disputed issues," according to the unanimous ruling, which was written by Associate Justice Marilyn S. Skoglund. "We conclude, rather, that the express Public Records Act exception for 'student records' is directly on point and plainly exempts the student disciplinary records from disclosure."

But the ruling does seem to leave open the possibility of changes to the state privacy laws that protect students. "Of course," the decision says, "the delicate balance inherent in these competing interests is, and remains, a legislative prerogative to alter or amend."

The college had agreed earlier to provide the newspaper with access to daily logs maintained by campus police officers. But the newspaper, citing public-safety concerns and local interest, had insisted on seeing transcripts of campus judicial hearings and documents showing the disposition of individual cases.

It remains unclear whether Friday's ruling marks the end of the newspaper's lengthy legal battle. The newspaper's publisher, Mark Smith, and its lawyer, Philip White, did not immediately return telephone calls seeking comment.

Officials at Lyndon State also did not return phone calls, and the college's president, Carol A. Moore, was not available for comment.