AG hopes to intervene in KSU, WKU lawsuits against student newspapers

FRANKFORT, Ky. (WTVQ) – Attorney General Andy Beshear Wednesday announced his office will seek to intervene in the lawsuits by Kentucky State University and Western Kentucky University against student newspapers.

Beshear says at issue is the universities’ attacks on the Attorney General’s statutory right to confidentially review records to determine if the records were properly withheld.

“We are seeing an all too familiar pattern by our public universities to stifle transparency related to public records of faculty’s potential involvement in cases of sexual assault,” Beshear said. “My office currently has standing before a judge in Fayette County in our fight against the University of Kentucky’s denial of records, and we will be requesting the judges in these other cases allow us to intervene. What is at stake is too important, and the ramifications are simply too great.”

Beshear said the authority of the Attorney General to review withheld records is critical to enforce the Open Records law.

“Without a confidential review by my office, institutions can hide serious issues related to sexual assault, ignore victims and tell parents and families that a given campus may be safer than it is,” Beshear said. “Essentially, the universities’ actions are attempting to turn Kentucky’s Open Records Act into a ‘trust me’ law.”

In late January, Beshear found Kentucky State University and Western Kentucky University violated the Open Records Act by denying records “relating to university’s investigation(s) into allegations of sexual misconduct” that were not shown to be protected by exceptions relied upon by the universities because they refused to provide Beshear’s office the records to review.

Under Kentucky law, the Attorney General has the statutory authority to review confidential records related to an appeal. An appeal by the Attorney General carries the force of law unless a decision by his office is challenged in circuit court. Both universities are challenging Beshear’s decisions in court by suing student newspapers. By law, a university cannot sue the Attorney General.

“These lawsuits stab at the very heart of the Open Records law and this office’s ability to enforce it,” Beshear said. “By their actions, the universities are creating a silver bullet for any bad actor to entirely avoid the Open Records law. For a university to push such a position is entirely irresponsible.”

No hearing date has been set at this time in Beshear’s case against the University of Kentucky.