Georgia suit could open judicial records

and STEPHEN GLASS A decision is expected in a Georgia lawsuit this week that could force the University to open up the Judicial Inquiry Office's records and hearings. Because of the specific nature of the suit, its outcome could affect cases related to fraternity and sorority misconduct. The independent campus newspaper at the University of Georgia filed suit in July against the state school system for denying it access to the hearings and documents involving hazing against a fraternity. They claim Georgia's open-meeting law mandates the hearings be open to the public. The newspaper's claim challenges the university's contention that judicial hearings and documents are covered under a federal law protecting an individual student's "educational records" -- an inteprepretation that has provided the backbone for the University's general records policy. Reporters from The Red and Black have attempted to sit in on judicial hearings for the past two years, but once inside were always forced to leave. "[Once inside, the reporters] would stand up and read the Georgia open meetings act, and they would be [kicked out]," former Editor-in-Chief Jennifer Squillante said. "The time I went I could not even get in the door." Squillante said since the University of Georgia is a state school, "it is an arm of the state" and therefore the law must apply. Squillante and The Red and Black Publishing Company, Inc. sued the Georgia's University System Board of Regents and several university administrators, including the president. Although University of Georgia spokesperson Tom Jackson said it is the school's policy "not to comment on cases in litigation," Squillante said the school's lawyers are justifying their stance through the Family Educational Rights Privacy Act of 1974. FERPA, also known as the Buckley Amendment, does not allow anyone to access college students' "educational records," at any school receiving federal funding, without student consent. It also allows students to see their own records. FERPA also provides the backbone for the University's complicated records system. According to a Student Press Law Center official, The Red and Black's case "may have a significant impact" on the release of judicial records at all universities, both private and public. "Even if they settle the case under Georgia law, the roadblock has come up," the official, who asked to remain anonymous, said. "The explicit refusal [of access] was under FERPA, so that has to be addressed." "[FERPA was] passed 20 years ago and its purpose was to protect the privacy rights of student educational records," the official said. "[The definition of educational records is] pretty grey in FERPA." Associate General Counsel Neil Hamburg declined to comment on the case yesterday since he had not seen it. "We are definitely hopeful for a victory," current Editor-in-Chief Lance Helms said this week. The newspaper has sued for the rights to the University's Organization Court, the judiciary branch that investigates student groups, primarily fraternities and sororities. "We decided we would begin [with Organization Court] since it is most obviously in need of access especially since it does not deal with individuals educational records," Squillante said. Squillante said she believes it would be educational for the students at colleges to understand how internal court systems work. She added that the newspaper currently meets with judicial adminstrators weekly to get an outline of recent cases. Squillante said that if the press had full access to the Organizational Court, it would act as a check system to it. She added she hoped similar litigation would work to open other segments of the judicial system.

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