By GINNIE GRAHAM News Columnist on Feb 26, 2013, at 2:29 PM Updated on 2/27 at 10:15 AM
GINNIE GRAHAM
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So, it took Oklahoma State University an official, independent review by a Dallas attorney to learn what reporters said all along.
You cannot use the Federal Educational Rights Privacy Act as an excuse to hide alleged crimes by students.
The university has been criticized for its actions after allegations that 22-year-old Nathan Michael Cochran, a student, had possibly sexually abused other students.
Cochran has since been charged with four counts of sexual battery.
OSU administrators and its attorneys initially argued the federal act, which was meant to protect student academic records, prevented them from contacting police.
In addition, OSU opted to handle the investigation into the allegations against Cochran after the accusers declined advice to contact police.
OSU attorneys argued that the federal act prohibited them from detailing allegations until the appeals process for its internal investigation was complete.
Reporters then explained, with words directly from the act, that their position was incorrect.
It's not complicated.
The act has a provision stating that "nothing in the act prohibits an educational agency or institution from contacting its law enforcement unit ... to investigate a possible violation of, or to enforce, any local, state or federal law."
There are also provisions that allow for the internal investigation allegations to be made public.
It wasn't just reporters grumbling.
The growing criticism came from other students, parents, alumnae and the general public.
The regents decided to get another opinion, so they asked Dallas higher education attorney James Sears Bryant to take a look.
No surprise to reporters, he said OSU was wrong in its interpretation of the federal law.
When it comes to records, reporters know what's open.
We tend to have those laws and the various attorney general opinions and court rulings memorized.
Some agencies consider the media pesky for asserting our right to information.
Some officials and attorneys work hard at finding loopholes and new interpretations simply to prevent the release of public information.
It's the old story of protecting the institution and not the people in or impacted by that institution.
These aren't media rights.
These are rights for the American and Oklahoma public.
There is good to come of this.
OSU's governing board will consider requiring administrators to notify police of sexual assault allegations involving students.
Other policy recommendations include hiring a counselor for sexual assault victims, requiring staff and students use the university's crime-reporting system, revising 10 existing policies, prohibiting retaliation for crime reporting and adopting policies to protect minors involved with activities and programs.
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