A Fayette Circuit Court Judge has sided with the University of Kentucky in its legal dispute with the school’s student newspaper. Judge Thomas Clark has determined that releasing investigative documents in a sexual harassment case involving a UK professor, even with the names redacted, would allow the victims to be identified. Clark also agreed with the university’s claim that investigative documents are exempt from public disclosure under a federal student privacy law.

Reporters at the Kentucky Kernel brought details of the case against James Harwood to light in a series of articles. The professor left UK after investigators alleged he had sexually harassed or abused several graduate students. His case was never adjudicated.

The Kernel asked for the investigative documents in the case, but were refused by UK, which cited federal privacy laws. The Kernel appealed and state Attorney General Andy Beshear found UK in violation of the state’s Open Records Act. UK then appealed Beshear’s decision in Fayette Circuit Court.

UK President Eli Capilouto expressed gratification in the outcome in a campus-wide email and video blog post.

Following Judge Clark's ruling Attorney General Andy Beshear released a statement:

“The court made today’s decision based on the same confidential review of documents that University of Kentucky officials denied the Attorney General’s office. The statutory power of the Attorney General to confidentially review such documents is necessary to avoid turning Kentucky’s Open Records Act into a ‘trust me’ law. Without the review, there can be no government transparency, as a bad actor can easily cheat the system. In the context of a university, it would allow an institution to hide serious issues related to sexual assault, to ignore victims, and to tell parents and families that a given campus may be safer than it is. The Attorney General’s office will continue its portion of the suit to ensure government transparency for all Kentucky families.”