U.S. Supreme Court Declines UNC Case on Sexual Assault Records

On Monday, the United States Supreme Court has ended a years-long legal battle, ensuring that UNC must turn over records of sexual misconduct to the public.

In 2016, four news organizations — The Daily Tar Heel, The Charlotte Observer, The Herald-Sun of Durham and WRAL’s Capitol Broadcasting — filed a suit after UNC refused public records requests for the names, offenses and punishments for students found responsible for sexual misconduct.

According to WRAL, on Monday the U.S. Supreme Court denied a request by the university system to hear its appeal to overturn a ruling by the state supreme court.

Back in May, the N.C. Supreme Court ruled that UNC must release disciplinary records of students who violated the school’s sexual assault policies.

In a 4-3 vote, the court said UNC must release certain records that it believed were protected by the federal Family Educational Rights and Privacy Act (FERPA). UNC “must comply with the North Carolina Public Records Act and allow plaintiffs to have access to the name of the student, the violation committed, and any sanction imposed by the University on that student in response to plaintiffs’ records request,” the court ruled.

In a petition to the U.S. Supreme Court in September, attorneys for the university and the state Department of Justice argued that a federal law protecting the privacy of educational records gives UNC broad discretion over whether to release disciplinary records related to sexual assault.

School officials have argued for years that they have exercised the discretion granted by FERPA to protect victims and the confidentiality of the Title IX process. The University has maintained that releasing names would discourage victims and witnesses from coming forward.

“We respect but are disappointed with the U.S. Supreme Court’s decision to deny the University’s request to review the North Carolina Supreme Court’s ruling in the Daily Tar Heel records case,” Vice Chancellor for University Communications, Joel Curran, said in a statement on Monday. “We stand by our belief in the importance of a confidential process for everyone involved, one that protects the identities of sexual assault victims. Since the North Carolina Supreme Court ruling in May, the University has fully complied with the court’s direction.”

After the N.C. Supreme Court ruling, UNC released records of its sexual assault cases since 2007 in August. The records show 15 people were found in violation of University policy on assault. Two of them were expelled and the others suspended, among other sanctions.

UNC’s handling of sexual assault and harassment cases has been under scrutiny for years. In 2013, five women filed a complaint alleging the university mishandled cases and mistreated sexual assault victims. The action sparked a review from the U.S. Department of Education, which found in 2017 the university failed in its reports of campus crimes “in numerous and serious ways.” UNC also failed to comply with the Clery Act’s sexual assault prevention, response, and disciplinary requirements.

The U.S. Supreme Court’s decision not to hear the university’s appeal brings this case to a close and ensures that public documents of this kind must be released to the media and the public.

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U.S. Supreme Court Declines UNC Case on Sexual Assault Records

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