I’m a reporter working on a story about a federal lawsuit involving a state university and could use some advice on obtaining records from both the university and the state Office of the Attorney General.
Case Background:
The case, Doe v. State University of New York at Geneseo et al. (U.S. Civil Court for the Western District of New York, Case No. 6:24-cv-06272-EAW), involves a student who sued the university, alleging that officials failed to follow proper procedures in handling a sexual assault case and wrongfully found him guilty. The validity of his claims is unclear since the alleged victim is not a party to the federal case. However, the university opted for an out-of-court settlement just eight days after the complaint was filed.
There are few publicly available documents on the case due to its quick resolution, but I can provide them if needed to avoid PACER charges.
My Reporting Process & FOIL Requests:
Since I started covering this story, I’ve been trying to uncover additional details beyond just reporting that the case existed and was settled. I assumed that while settlement details would likely remain confidential, legal expenses and financial records related to the case should be publicly accessible.
I submitted multiple FOIL (Freedom of Information Law) requests, but have faced significant delays and denials:
In addition to these requests, I have been trying for over a month to arrange a meeting with the university’s spokesperson, but have received no response. Attorneys for both sides have also been unresponsive.
My Questions:
Any advice you can share would be incredibly helpful. Thanks!
Persistence is key in these situations. Several of your FOIL request response times have been extended, so hopefully, they will provide the requested records by the stated deadlines. If they fail to do so, you should file an appeal.
It’s important to note that there is no such thing as a confidential legal settlement for a public institution such as a college.
Attached are opinions from the NY Committee on Open Government—a separate entity from our Coalition—which serves as the recognized state agency for issuing opinions on Freedom of Information Law (FOIL) matters:
https://docs.dos.ny.gov/coog/ftext/f16721.htm
https://docs.dos.ny.gov/coog/ftext/F19816.pdf
I also recommend writing an article about your efforts to obtain information and the challenges you have faced in getting a response from the college. Media attention can sometimes push institutions to be more transparent, though in some cases, it may make them more resistant. At this stage, you likely have nothing to lose by publishing a story and providing regular updates as the situation develops.
