Court to consider if schools must release sexual misconduct records

The Court will soon hear oral argument in University of Texas v. Gatehouse Media Tex. Holdings, II, Inc. The issue in the case is whether state law overrides discretion given by federal law to universities to withhold information about disciplinary proceedings.

FERPA, a federal law, generally protects student privacy by allowing educational institutions to withhold educational records, including disciplinary information, except under specific circumstances. But FERPA does not require the withholding of these records; it merely gives institutions the discretion to do so.

In 2019 Gatehouse Media, d/b/a Austin American-Statesman, asked for a list of all disciplinary proceedings where the University determined that a student committed a crime of violence, forcible sexu offense, or non-forcible sex offense. The University declined without first seeking an opinion from the Attorney General about whether the disclosure was required.

The Austin American-Statesman argues that the Texas Public Information Act mandates disclosure of the records, effectively overriding the discretion provided by FERPA. The trial court agreed, holding that the PIA required the University to seek an opinion from the Attorney General before withholding the information. The Court of Appeals affirmed.

The University argues that both FERPA and state law give it the discretion to withhold the records and that it was not required to seek an Attorney General opinion because established case law and prior Attorney General opinions supported its position. The Supreme Court will have to decide if the University can lawfully continue to withhold the records

The Court will hear argument on October 1, 2024. You can view the livestream here: