Public information

The University of Texas System has requested a ruling from the Texas Attorney General on whether information The Rider is seeking from a police report regarding an assault on a student is protected from disclosure.

The Rider has received “basic information” it requested from UTRGV’s public information officer about the incident.

However, only part of the full police report was released.

In the police reports section of the Oct. 1 issue of the newspaper, a student reported she was assaulted by contact (hug and kiss) in the exterior west side of the Learning Center on the Edinburg campus.

The suspect was identified as a faculty member, according to the Sept. 21 police report.

In an Oct. 2 email, The Rider requested the full police report from Karen Adams, UTRGV’s public information officer for the Office of Legal Affairs.

Additionally, the newspaper requested the status of the case–whether charges have been filed and whether a suspect has been arraigned and in which court. However, this information was not released.

Adams responded to the request on Oct. 16, stating The Rider’s email was treated as a request for information under the Texas Public Information Act.

“UTRGV does have information responsive to the request; however, we believe one or more exceptions under the Act may apply to the information, and so The UT System Office of General Counsel, on behalf of UTRGV, will seek an opinion of the Texas Attorney General,” according to Adams’ email response.

In an Oct. 23 letter to Justin Gordon, division chief of the Open Records Division for the Texas Attorney General, Jennifer Burnett, senior attorney and public information coordinator for The University of Texas System, submitted a final briefing on the matter.

Adams emailed Burnett’s letter to The Rider on Oct. 24.

In the letter, Burnett also wrote UTRGV “will release basic information … but asserts the remaining marked information … is protected from disclosure under section 552.108 of the Act.”

According to Burnett’s letter, “The University asserts the information we have marked is protected under [subsection] 552.108. Section 552.108 provides, in relevant part, as follows: (a) [i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation or prosecution of crime is excepted from the requirements of Section 552.021 if: (1) release of the information would interfere with the detection, investigation or prosecution of crime[.] …

“The submitted report pertains to an ongoing criminal investigation and is, therefore, excepted from disclosure pursuant to 552.108(a)(1) of the Government Code.”

In the Oct. 24 email, Adams wrote, “ … once the Texas Attorney General has made a determination with respect to possible exceptions, we will respond to your request based on that opinion.”