UNC must release sexual assault records after U.S. Supreme Court denies appeal
The U.S. Supreme Court on Monday denied UNC-Chapel Hill’s appeal regarding the release of sexual assault records, ending a four-year legal battle between the university and local media.
The lawsuit stemmed from a 2016 records request filed by The Daily Tar Heel campus newspaper, the Charlotte Observer, the Herald-Sun and Capitol Broadcasting, which owns WRAL. The request included student disciplinary records for those found responsible for sexual assaults on campus since 2007.
In May, the North Carolina Supreme Court ordered UNC to release the information in compliance with the North Carolina Public Records Act.
UNC repeatedly denied the request and refused to hand over the records, even after the court order, arguing that they were protected by the federal student privacy law FERPA.
In August, UNC fulfilled the request and released the names, offenses and punishments of former students, including ex-UNC basketball player Jalek Felton.
At least 15 UNC students have been found responsible and disciplined for sexual assault since 2007, according to the documents.
About 1/3 of female UNC undergraduate students say they’ve been sexually assaulted during college, according to a 2019 campus climate survey. By their senior year, nearly half of the young women reported being assaulted.
After releasing the records this summer, the university continued its fight and filed a petition for the U.S. Supreme Court to review the state’s ruling.
The court’s action Monday closes the case.
“We respect but are disappointed with the U.S. Supreme Court’s decision to deny the University’s request to review the North Carolina Supreme Court’s ruling in the Daily Tar Heel records case,” Vice Chancellor for University Communications Joel Curran said in an emailed statement. “We stand by our belief in the importance of a confidential process for everyone involved, one that protects the identities of sexual assault victims.”
Even though the case was brought against UNC-Chapel Hill the ruling applies to all public universities in the state, according to the media outlets’ attorney, Hugh Stevens. He said several universities had released sexual assault records, but as of last week others had not, including N.C. State University, N.C. Central University and N.C. A&T University.
From now on, these sexual assault records should be available under the state’s public records law, he said.
This story was originally published January 11, 2021 at 2:31 PM.
