Krouse v. Ohio State University, 113018 OHCOC, 2018-00988PQ

Docket Nº:2018-00988PQ
Opinion Judge:Patrick M. McGrath Judge
Party Name:PETER K. KROUSE Requester v. THE OHIO STATE UNIVERSITY Respondent
Case Date:November 30, 2018
Court:Court of Claims of Ohio
 
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2018-Ohio-5013

PETER K. KROUSE Requester

v.

THE OHIO STATE UNIVERSITY Respondent

No. 2018-00988PQ

Court of Claims of Ohio

November 30, 2018

Sent to S.C. Reporter 12/14/18

ENTRY ADOPTING RECOMMENDATION OF SPECIAL MASTER

Patrick M. McGrath Judge

{¶1} On May 11, 2018, requester Peter Krouse, a reporter with cleveland.com, made a public records request to The Ohio State University (OSU), for a copy of "a Cuyahoga County grand jury subpoena [that] was recently served on Ohio State for records related to Sharon Sobol Jordan * * * and any documents submitted in response to the subpoena." (Complaint at 5.) On May 18, 2018, Davey responded that OSU was unable to confirm or deny whether it had received a subpoena or responded thereto, citing Crim.R. 6. On May 21, 2018, Davey added the Family Education Rights and Privacy Act (FERPA) as a ground for denial. (Complaint at 3.) On June 21, 2018, Krouse filed a complaint under R.C. 2743.75 alleging denial of access to public records in violation of R.C. 149.43(B). On September 13, 2018, OSU filed its response to the complaint. OSU filed a copy of the withheld records under seal.

{¶2} On November 5, 2018, special master Jeffery Clark issued a report finding that OSU was not an entity prohibited by Crim.R. 6(E) from disclosing the requested records. The special master further found that the requested records were exempt in their entirety pursuant to FERPA. Specifically, the records were found subject to the requester-knowledge-based exception set forth in 34 CFR 99.3 (2009), Personally...

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