More documents filed in WKU’s lawsuit against the Herald

Lily Burris

WKU and the College Heights Herald have filed additional documents in the university’s lawsuit against the Herald, each with a different interpretation of how a recent Kentucky Court of Appeals ruling in a similar case applies to the WKU suit.

In its filing, WKU argues that the appellate court ruling in a lawsuit the University of Kentucky filed against the Kentucky Kernel student newspaper favors WKU’s stand that documents related to sexual misconduct are protected from public disclosure by federal law.

The Herald, however, contends that WKU picked only certain phrases out of the appellate ruling to bolster the university’s case that FERPA, the Family and Educational Rights Privacy Act, prevents the release of the files.

“In its response, WKU implausibly suggests that the Court of Appeals agreed with the University’s ultimate interpretation of FERPA,” according to the Herald’s response. “That simply is not true.”

In November 2016, the Herald requested sexual misconduct report records of the employees of Kentucky’s state universities. WKU and Kentucky State University refused to release the redacted files.

On May 17, the Court of Appeals ruled against UK in its lawsuit against the Kernel. Attorney General Andy Beshear filed a notice of supplemental authority about this case in WKU’s lawsuit against the Herald relating to this decision.

News reporter Lily Burris can be reached at 270-745-6011 and [email protected]. Follow her on Twitter at @lily_burris.