Request #19-414
  Closed

Please consider this a public records request for:

1. Records of the “sanction(s) imposed” in all disciplinary hearings conducted by your institution since January 1, 2014, into any student, in which the student is either an “alleged perpetrator” of a 1) “forcible sex offense” or 2) “nonforcible sex offense,” and with respect to the allegation made against him or her, the student committed a violation of your institution’s rules or policies.

2. Records of the “sanction(s) imposed” in all disciplinary hearings conducted by your institution since January 1, 2014, into any student who participated in an officially recognized sport at your institution, in which the student is either an “alleged perpetrator” of a 1) “forcible sex offense” or 2) “nonforcible sex offense,” and with respect to the allegation made against him or her, the student committed a violation of your institution’s rules or policies.

Our goal is to determine the percentage of the aforementioned disciplinary proceedings in which a student who participated in an officially recognized sport was found to have violated school rules or policies. There is substantial public interest and value in this research.

As such, while state records laws cover the release of actual records and not “information” or the creation of a new document, in the event it easier for your institution to provide the total numbers of 1) students, and 2) students who participated in an officially recognized sport, who were found to have violated school rules or policies in the aforementioned disciplinary proceedings, we would accept that instead and withdraw our request.

What we are requesting in no way runs afoul of federal or state student privacy laws because 34 CFR §§ 99.31(a)(14) specifically allows universities to release this information and more, and because we concede to the redaction of all student identifying information. Furthermore, the category of student who participated in an officially recognized sport is so broad that it in no way identifies any one particular student. Please note that we will list each university’s response to our request as part of our reporting.

“Sanction imposed” means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration. "Alleged perpetrator” of a “forcible sex offense” means a student who is alleged to have committed acts that, if proven, would constitute forcible rape, forcible sodomy, sexual assault with an object or forcible fondling (which includes indecent liberties and child molesting), as those terms are defined in 34 CFR Part 99. "Alleged perpetrator” of a “nonforcible sex offense” means a student who is alleged to have committed acts that, if proven, would constitute incest or statutory rape, as those terms are defined in 34 CFR Part 99. See https://www2.ed.gov/policy/gen/guid/fpco/pdf/ferparegs.pdf


Received

September 24, 2019 via web


Departments

None Assigned


Requester

KENNY JACOBY

Documents

Public

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Staff

Point of Contact

Public Records Office

Request Closed   Hide Public

New documents or requested information have been posted to your request. The information that follows is being provided to you in accordance with the North Carolina Public Records Act. The available data and statistics may be found at the following link: https://eoc.unc.edu/resources/office-reports/. This request has been fully processed and is closed.

 

Sincerely,

 

The Public Records Office

The University of North Carolina at Chapel Hill

September 26, 2019, 10:54am
Request Published Public
September 25, 2019, 10:08am
Request Opened Public
Request received via web
September 24, 2019, 6:32pm