M E M P H I S , T N

May 26, 2019 THE LYNX LIBERATOR

Title IX Coordinator 
Southwestern Hall 303 B Y S T U D E N T S O F R H O D E S C O L L E G E
Rhodes College, Memphis, TN

Sent via Electronic Mail (coxt2@rhodes.edu)

Dear Tif any Cox
Pursuant to the state open records law Tenn. Code Ann. Secs. 10-7-503 to 10-7-512; 10-7-701 to 10-7-702; 10-8-101 to 10-8-103, I write to
re uest access to and a copy of all supporting records and statistics, used in compiling the RHODES COLLEGE TITLE IX ANNUAL
REPORT Academic Year 2017-2018, for the years 2016, 2017 and 2018, including the date and approximate location of the alleged
violation. In addition I am re uesting the same type of materials for the year 2015. This should include the date and type of offense of all
reports iled with the Tile IX o ice; the identity of respondents and claimants limited to identi iers such as student, faculty, staff,
alumni etc.; the disposition of all reports made, including dates and years of all Title IX hearing depositions and the outcome of all
reports referred to HR in the years 2015-2018. I am also re uesting any correspondence between the Title IX o ice, the Campus Safety
o ice and local law enforcement regarding methods of reporting or sharing crime statistics for the most recent Rhodes College Annual
Security & Fire Safety Report or Clery Report (2018-2019).

The Rhodes community's and the public interest in understanding Rhodes' commitment to upholding their own policy and its own
rules is beyond uestion. The grave impact of sexual misconduct and gender discrimination on campus, render records re lecting the
College's Title IX-related enforcement a matter of great interest and importance to students, their loved ones.

FERPA is often used as an excuse to deny access to information regarding Title IX investigations. However, as with any education
record, FERPA only applies to student information—not teachers or other school employees—so if the school can redact the student
information without destroying the record, in most cases the school must do so. This is why I want to clarify that I want all identifying
student information redacted from the document if necessary. Universities and other schools have avidly abused FERPA to deny the
disclosure of information about sexual assaults perpetrated by or against students. However, FERPA expressly exempts and does not
prohibit disclosure of the inal results of disciplinary proceedings against students who committed serious crimes, including sex crimes
and crimes of violence. In 2017, the Court of Appeals for North Carolina clari ied that FERPA does not give the university discretion on
whether to release public information that is otherwise subject to open record laws, and that FERPA cannot be interpreted to preempt
state open record laws. A clear majority of courts have ruled that reports involving misconduct by school or college employees do not
fall within FERPA, even if students are mentioned as victims or as complainants. FERPA covers only records “directly related to” a
student, and an investigation of employee misconduct does not “directly” relate to any particular student. Therefore, even the student
names in such records can be disclosed. FERPA excludes from the de inition of protected “education records” certain documents, such
as law enforcement unit records, that may contain sensitive information about sexual misconduct investigations. FERPA also allows
disclosure—to anyone—of the inal results of an institutional disciplinary proceeding regarding a crime of violence or “nonforcible sex
offense” if the institution determines that a policy violation occurred. If your agency does not maintain these public records, please let
me know who does and include the proper custodian's name and address.
I agree to pay any reasonable copying and postage fees of not more than $10. If the cost would be greater than this amount, please notify
me. Please provide a receipt indicating the charges for each document.
As provided by the open records law, I will expect your response within seven (7) business days. See Tenn. Code Ann. Sec. 10-5-703(a)(2)
(B).

If you choose to deny this re uest, please provide a written explanation for the denial including a reference to the speci ic statutory
exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.
I would note that the knowing and willful violation of the open records law can result in the award of all reasonable costs involved in
obtaining the records, including attorney fees. See Tenn. Code Ann. Sec. 10-7-505(g).

Thank you for your assistance.

Sincerely,
Rachel Heimann
Staff Writer The Lynx Liberator.

2000 N PARKWAY., MEMPHIS TN 38112 BOX #1784

925-487-5320
WEBSITE: WWW.THELYNXLIBERATOR.COM/
EMAIL: HEIRM-20@RHODES.EDU