Miss Tanner pressed the Department of Government Records for a broader disclosure of investigative files and discipline records related to a multi-school "revenge" sexting investigation, saying the public needs to know how the district handled student reports and whether investigations and referrals occurred.
"This is a case where, depending on what number you have — 15 to 30 female students were reporting concerns — this is a pretty serious situation," Tanner told the director, arguing redactions could protect student privacy while still showing whether the district conducted a sufficient investigation.
Davis School District counsel Onofrio acknowledged the seriousness of the issues but said the director's role is limited to whether the district properly classified records under GRAMA and, where applicable, FERPA. He said the district produced records tied to students who consented, withheld records related to nonconsenting students and produced additional material when consents were obtained. "Where disclosure was authorized, the records were produced. Where GRAMA or FERPA required protection, records were withheld," Onofrio said.
The director conducted in-camera review of the district's production and related materials. He said the records showed material the district had forwarded to UPAK (the state educator-licensing body) and that some UPAK discipline had been sustained and the time for appeal had expired. For that reason and after weighing privacy interests, the director ordered release of specific pages provided for in-camera review (identified on the record) with redactions where necessary, and denied broader disclosure of the investigatory files because redaction would render them unintelligible or would disclose private complainant identities.
Why it matters: The decision highlights the tension between GRAMA's presumption of openness and FERPA's student-privacy protections, and clarifies that where another licensing body has sustained discipline and used district records, those portions can fall within GRAMA's public-disclosure provisions.
Next steps: Director Pearson said he would issue a written decision within seven business days describing the pages to be released and permitted redactions; either party may appeal the written decision to district court within 30 calendar days.