FRANKFORT, Ky. (LEX 18) – The state’s court of Appeals agreed with Attorney General Beshear’s ruling that the University of Kentucky wrongly withheld records and violated the Open Records Act.
The case involves the release of records related in an alleged Title IX sexual harassment investigation involving a tenured professor.
“This is a win for all Kentuckians who want a more open and transparent government,” said Beshear in a written statement. “This lawsuit threatened the future of the Open Records Act, and I am glad we could deliver this win for the people of Kentucky. Our government and public institutions should work for our people, not shut them out.”
The case started when the Kentucky Kernel, UK’s student-run newspaper, requested records from the university “detailing the investigation by the University of Kentucky or the Office of Institutional Equity and Equal Opportunity of a tenured professor and any allegations of sexual harassment, sexual assault or any other misconduct.”
UK denied the request and filed a lawsuit to prevent the release of the records. Beshear intervened in the case in August of 2016.
The Court of Appeals’ decision overturns Fayette Circuit Court’s prior ruling. The case will be returned to Fayette Circuit Court for further action.