Director denies Marshall's GRAMA appeal, finds UVU conducted a reasonable search

Director Pearson denied a GRAMA appeal by Derek Marshall challenging Utah Valley University's records search, ruling that the university conducted a reasonable search and that withheld and redacted materials were appropriately protected.

Marshall argued that UVU identified only two potential custodians and searched only Frank Young, omitting reasonable custodians such as the office of Vice President Val Peterson and UVU police. He said produced text-message screenshots appeared truncated and that communications coordinating the cleanup of the scene (September 10–12) were missing. "Only two potential record custodians were identified, and of those, only one, Frank Young, was searched," Marshall told the hearing.

Miss Ferguson, representing Utah Valley University, said the university targeted its search to custodians reasonably likely to hold responsive records and provided the portions of text chains responsive to the cleanup and paver issues. "All that GRAMA requires is that UVU conduct a reasonable search, not an exhaustive search," she told the director, adding that some documents and details are protected or are held by other agencies such as DFCM.

In reviewing the declarations and produced materials, Director Pearson said the record showed a broad-ranging search that satisfied GRAMA's "reasonable search" standard. He acknowledged that the search was not exhaustive but said the statute does not require exhaustive retrieval. The director also reviewed the materials submitted for in-camera inspection and upheld the redactions and the in-camera withholding on safety and statutory grounds, concluding the interests favoring nondisclosure outweighed the interests favoring access.

The director denied Marshall's appeal, said he will issue a written decision within seven business days and reminded parties of their right to appeal to district court within 30 calendar days of the written decision. The ruling leaves open the option for petitioners to make further, narrower requests should they wish to pursue additional records.