University’s Kernel is denied probe files

LEXINGTON, Ky. — A judge ruled against the University of Kentucky’s student newspaper, the Kentucky Kernel, on Monday in its request to review investigative documents in a sexual-harassment case involving a former university professor.

Fayette County Circuit Judge Thomas Clark agreed with the university that releasing the documents would allow the victims to be identified, even if their names and other identifying information were redacted. He also agreed with the university that the investigative documents are exempt from public disclosure under a federal student privacy law.

The Kentucky Kernel wrote about the case of James Harwood, who left the University of Kentucky after investigators said he had sexually harassed or abused several graduate students. His case was never adjudicated.

The Kernel asked for the investigative documents in the case, but was refused by the university, which cited federal privacy laws. The Kernel appealed, and state Attorney General Andy Beshear found university officials had violated Kentucky’s Open Records Act. The university then appealed Beshear’s decision in Fayette County Circuit Court.

“We are gratified by this outcome,” university President Eli Capilouto said in a statement.

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