A Cal Poly student journalist’s legal action against the university for withholding records she requested almost two years ago reached a settlement that widened access for college reporters.
“The settlement has been important for what it represents,” Cal Poly journalism senior Elizabeth Wilson said. “The lawsuit was because I did not receive public information. I have since received that information. But I’m also hopeful moving forward, with the terms that other journalists will have better access to information, that there will be improvements with that transparency.”
In 2022, Wilson filed three public records requests while investigating the internal handling of campus sexual assaults, alleged student labor violations, and the hiring of tenured business professor Joseph Castro after he reportedly mishandled Title IX complaints as Fresno State University’s president.
Wilson didn’t receive any of the requested documents. She filed a lawsuit against Cal Poly 18 months later with the help of the First Amendment Coalition (FAC)—a nonprofit public interest organization focused on promoting free speech and open government. The lawsuit prompted the university to release 238 emails pertaining to Wilson’s three requests in July. Twenty-one emails were withheld as exempt from disclosure.
“The settlement and the overall experience really taught me the importance of keeping institutions accountable,” Wilson said. “Oftentimes, that’s a story that you report on. Other times, it’s utilizing the law to obtain public information.”
The Mustang News data and investigations reporter and the FAC agreed to settle with Cal Poly on Oct. 30. A significant part of the settlement is that Cal Poly must provide training for staff members who process California Public Records Act requests to inform them of the institution’s obligations under the act.
“The training shall be recorded, and respondents shall make the recording available to the public by posting it online within 30 days of when the training occurs,” the settlement agreement said. “Respondents shall not alter or edit the video or audio of the recording before posting it.”
Further, those same staff members must meet Mustang News staff each academic term for three years, totaling nine sessions. At least 45 minutes long, each meeting will give both parties the chance to discuss open public record requests, to describe the criteria and process by which staff queues those requests for processing, and to provide suggestions for overcoming delays or rejections of requests.
Cal Poly will also pay FAC $26,000 in attorney’s fees. Wilson attorney and FAC legal fellow Annie Cappetta told New Times that this is the organization’s first time representing a student journalist, but it frequently represents journalists in public interest litigation. She threw light on a problem she said is inherent to student journalism.
“There are heightened concerns with colleges not complying with the Public Records Act for student journalists, who very often, if not always, lack the resources to sue, and schools might just wait their requests out until graduation,” Cappetta said. “But public information is not just for those who can afford the time and expense of litigation. It belongs to the people and must be accessible to all.” Δ
This article appears in Nov 14-24, 2024.