Sophia Tulp

USA TODAY

The University of Kentucky is suing its own student newspaper.

This comes after a five-month-long battle between UK and its student newspaper, the Kentucky Kernel, over open records relating to reports of sexual assault and sexual harassment by a university professor.

Earlier this month, the university announced it would sue the Kernel over requests for documents involving the investigation of James Harwood, an associate professor of entomology accused of sexual assault and harassment in an investigation spanning seven months, after three years' worth of allegations, according to the Kernel.

The legal battle has been raging since April, when the Kernel filed an appeal with the Kentucky attorney general requesting the release of documents from the UK Open Records Office.

The Kernelreported that it requested “copies of all records detailing the investigation by the university of Kentucky or the Office of Institutional Equity and Equal Opportunity of James Harwood and any allegations of sexual harassment, sexual assault, or any other misconduct.”

The 122-page document the Kernel is requesting contains details about the investigation, which found that Harwood was accused of sexual assault and sexual harassment against five victims, both male and female, who worked in his department. Two "reported they were sexually assaulted during conferences related to their work or studies at UK," according to an article in the Kernel.

An anonymous source connected to the case released records to the Kernel, but it is the newspaper's policy not to identify victims of sexual assault without their permission. Editor-in-chief Marjorie Kirk says she wants the university to release the officially redacted version.

In fact, the state attorney general ruled that UK should release the records with the names and personal identifiers of those involved omitted. But the university denied the request on the basis that it would be an invasion of privacy. The refusal is a violation of Kentucky’s Open Records Act, which states the university is not exempt from releasing these records once the investigation is closed -- which happened when Harwood resigned.

The UK is not suing the Kernel for monetary damages, but bringing suit is the only way the university can appeal the attorney general’s decision, under Kentucky law.

“I’m excited,” Kirk says. “At first I think in April I was really nervous when our adviser told us this could very well turn into a lawsuit. … That scared me in April, because there are all of these legal fees, and I’m already terrified of my own student debt. But the idea of a lawsuit and legal fees is equally as terrifying, especially when you are up against a public university.”

Kirk says she does not think the courts will side with the university if the lawsuit does appear in court.

“This case seems like it would be pretty open and shut, these are open records," she told USA TODAY College. "I don't understand what precedent the university is operating under where they think that they will be able to hide these," Kirk says. "I think that they are trying to set a legal precedent so in the future they can hide these kinds of documents."

A university spokesman, Jay Blanton, told BuzzFeed News Aug. 23 that “Our University cannot — and should not — decide when it is appropriate to violate a victim-survivor’s privacy — and a victim-survivor’s trust — by providing information to the Office of the Attorney General, the Kernel (our student newspaper), or any other entity.”

Frank LoMonte, executive director of the Student Press Law Center, which provides legal support to scholastic journalists on First Amendment rights and issues of censorship, has has followed this case and has spoken with Kernel staff.

LoMonte says that lawsuits like this between student journalists and universities are becoming increasingly common as universities seek to preserve their image.

“Colleges are more and more obsessed with presenting a favorable public image,” LoMonte told USA TODAY College. “As image consciousness grows, the impulse to conceal grows with it. College journalists are having to fight tooth and nail for records that everybody knows are public records that should be turned over.”

LoMonte doesn't believe UK has legal grounds to claim the Family Education Rights and Privacy Act (FERPA) as a defense for withholding the records. He says since the state attorney general asked the university to turn over the redacted student documents, it ceases being a FERPA record, and with it the student privacy argument dissolves.

But LoMonte says his “strong suspicion” is that this case will never make it to court, as the school would sustain significant damage to its reputation if it does. LoMonte says he thinks the university's board of trustees will probably stop the case from progressing forward.

Kirk says the university has until September 9 to officially file the lawsuit, and if they do not file it by that date, the records will remain public under the attorney general's decision.

For Kirk, she says she hopes this case is a beacon for other journalists fighting for student press rights and laws.

“I hope that other student journalists like me and like our staff really see the impact that it can have on their campuses.”

Sophia Tulp is a student at Ithaca College and a USA TODAY College correspondent.

This story originally appeared on the USA TODAY College blog, a news source produced for college students by student journalists. The blog closed in September of 2017.