Kansas Opens Records Act Request and Response

March 25, 2008


Bruce Shubert
Associate Vice President for Administration and Finance
105 Anderson Hall
Kansas State University
Manhattan, Kansas, 66506

Re: Kansas Open Records Act request

Dear Mr. Shubert

I have previously asked Heather Reed for access to the incident report relating to the attack on (A MEMBER OF MY FAMILY: EDITED)in Goodnow Hall on Feb. 18, 2006. More than two years have passed and the university can no longer be sued for negligence/liability in the matter. Even so, Ms. Reed had communicated that the university lawyer was reviewing that report before deciding to pass it on to me. After a reasonable time waiting for a response, I am formally asking access to the incident report through an Open Records request.

( EDITED)

I also would like to request either paper or electronic versions all KSU daily police logs from Feb. 15 to March 1 of 2006.

I also would like the first periodic performance evaluation of the staff director of Goodnow Hall following Feb. 18, 2006.

I also like to request copies of the notes and reports prepared and by and for the Residence Hall Security Review Committee, which met in the summer of 2006 and was chaired by Heather Reed.

Thanks for your assistance and I understand you will let me know within a few days about my request.

Sincerely,

Tom K

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Response from Bruce Shubert:


This is in response to your March 25, 2008 letter received via facsimile, requesting certain information pursuant to the Kansas Opens Records Act, K.S.A. 34-235, et seq.

K-State has previously provided the final report of the Residence Hall Security Committee.

TK COMMENT: NOT WHAT I ASKED FOR, AND EVEN IF I HAD REQUESTED IT PREVIOUSLY, THEY SHOULD HAVE PROVIDED THE WOEFULLY INADEQUATE ONE PAGE REPORT PREVIOUSLY PROVIDED. IN WHAT RESPECT IS THE WORK OF THIS COMMITTEE, WHICH A MEMBER OF MY FAMILY (WHO WAS ASSAULTED IN GOODNOW) WAS ASKED TO SERVE ON BUT DECLINED, EXCLUDED FROM PUBLIC SCRUTINY?

Available KSU daily police logs from Feb. 15, 2006 to March 1, 2006 are attached.

TK COMMENT: INEXPLICABLY, THE POLICE LOGS ARE HEAVILY REDACTED. IF KSU HAS AN ISSUE WITH RELEASING THE FULL POLICE LOGS, THEY SHOULD LET ME KNOW. THEY KNOW FULL WELL THAT I PUBLISH THE COMPLETE VERSION OF THE KSU POLICE LOG EVERY DAY ON MY BLOG; KSU HAS INDICATED NO OBJECTION BEFORE.

Other requested information cannot be provided because 1) Kansas State University is prohibited generally by the Family Educational Rights and Privacy Act from disclosing to any third party any information from a student's education record (see KSA 45-221 (a) (1)), with limited exceptions not applicable to your request (see K.S.A. 45-221 (a) (1) ); 2) K.S.A. 45-221 (a) (4) does not require us to disclose personnel records; 3) K.S.A. 45-221 (a) (20) and K.S.A. 34-221 9a) (14) do no require us to disclose the requested e-mails and other communications.


TK COMMENT: I AM NOT ASKING FOR ANY STUDENT'S INFORMATION OR EDUCATIONAL RECORDS, MERELY THE OFFICIAL REPORT OF WHAT HAPPENED AT GOODNOW HALL THE NIGHT OF FEB. 18. IT APPEARS KSU IS RELUCTANT TO REVEAL WHAT IS IN THE REPORT. FIND THE FULL VERSION OF THE KANSAS OPEN RECORDS ACT HERE.

Regards,

Bruce Shubert
Associate Vice President for Administration and Finance