The Kentucky Kernel moved one step closer to a decision in its open records dispute with the University of Kentucky on March 25 as attorneys for the parties presented their arguments to Fayette Circuit Court Judge Thomas Travis. The case concerns the newspaper’s access to records compiled by the university in its investigation of a reported rape in a residence hall.

https://kykernel.com/106664/news/university-of-kentucky-denies-open-rec…

https://kykernel.com/108714/news/kernel-sues-uk-over-withheld-records/

The Kernel argues, through veteran open records attorney Michael Abate, that the disputed records have a direct bearing on university compliance with residence hall visitation protocol and, ultimately, student safety. There is, accordingly, a substantial public interest in the records.

Representing the University of Kentucky, attorney Carmine Iccarino is no stranger to the open records law, having most recently served in the Office of the Kentucky Attorney General as a reviewer of open records decisions issued under authority of KRS 61.880(2).

Kernel managing editor, Casey Sebastiano, reports that Iccarino’s argument turns on “privacy concerns for UK and its students, having visitors in their residence hall rooms. . . a ‘core privacy association activity’ that should be protected.”

Judge Travis advised the parties that he will issued a ruling within 30 days.

Abate expressed confidence in The Kernel’s position, emphasizing the high profile nature of the alleged offense in a residence hall.

The privacy analysis under Kentucky’s open records law is based on a weighing of competing public and private interest. Circumstances — such as the compelling public’s interest in student safety — may operate to reduce the weightiness of the privacy interest in “core association activity” and tip the balance in favor of disclosure.

We cannot help but be reminded of UK’s failure to assign the appropriate weight to the public’s interest in disclosure of records relating to its investigation of a faculty sexual harasser in University of Kentucky v the Kernel, Inc. and the resulting protracted litigation that ended with a strongly worded opinion by the Kentucky Supreme Court, admonishing the university for hiding behind the privacy exception to avoid accountability.

https://casetext.com/case/univ-of-ky-v-kernel-press-inc

Once again, the university seems to require a refresher course on the open records law. Perhaps their hope is to extend this litigation for as long as they extended the
previous University of Kentucky v Kernel case — so that public interest in reports of sexual violence on campus wanes or is eclipsed by another story/scandal.

In any event, resolution of the case now rests in Judge Thomas’s hands.