On September 16, 2020, UnsafeU filed an appeal with the Utah Open Records Board to force the release of an independent, research report on the University of Utah Title IX processes. This report (“the Bedera report”), we believe, details systematic issues with the Title IX investigation process and provides policy recommendations on how to better support victims and survivors seeking justice through this option.
In September 2019, UnsafeU became aware of this research report and demanded the University of Utah release the report as part of it’s October 14, 2019 demands and Declaration of Protest. Over the past year, the leadership of UnsafeU has requested both verbally and in writing the release of this report from SVP Dan Reed, SVP Lori McDonald, and the Director of OEO, Sherrie Hayashi. The University of Utah has actively blocked the release of this report in all instances, either by claiming a lack of knowledge or hiding behind overreaching interpretations of GRAMA statutes. In June 2020, UnsafeU filed a GRAMA request for the release of this record. The University of Utah has denied both the initial request and the institutional appeal, claiming that the report does not constitute a “record,” and that even if it does, it would be “protected.” UnsafeU disagrees.
Even if these two claims are true, UnsafeU and our legal representatives argue that the public interest in obtaining the Bedera Report is significant. There has been an increase in violence on university campuses nationwide, and the University of Utah is an especially tragic example. In the wake of recent events, including the murder of University student Lauren McCluskey, the University’s response to the safety concerns of students is of paramount public interest.
Release of the Bedera Report is in the public interest because it will enable groups like UnsafeU to use it to inform policy reform efforts and recommendations. Having independent validation of data and evidence is critical to establishing a case for particular policy actions. Making the Bedera Report publicly available will further enable students, faculty, and staff to have greater awareness of the issues that may arise in connection with an OEO or Title IX investigation at the University of Utah. Given that this process can be extraordinarily draining and retraumatizing, understanding the full process involved with reporting and investigations is important. UnsafeU believes this report contains information in this regard.
Moreover, to the extent that the University of Utah has failed to fully address issues that are raised by the report, it is important for the public to be able to hold the University accountable for this failure. Without transparency of the findings and recommendations, the public and the University of Utah community cannot ascertain whether those concerns have been addressed. In sum, students concerned about the safety and wellbeing of their community deserve to know what information the University has received and how it is responding to that information. As the University evaluates its safety systems and procedures in the wake of tragedy, transparency and the opportunity for student input are of the utmost importance.
To read our full legal filing, please visit the following link: https://drive.google.com/file/d/1c1AZHtpkuBCNNGYPPQZvDubLFD9IAGEP/view?usp=sharing
