Over the years there have been several precedent setting legal decisions that have significantly affected how crimes are dealt with on college and university campuses across the United States.

Other Court Rulings By Area Of Law

• Liability & Procedural
• Title IX
• Hazing

DISCLAIMER: While this page contains a discussion of general legal principles and specific laws, it is neither intended to be given as legal advice nor as the practice of law, and should not be relied upon by readers as such. Before taking any action, always check with a licensed attorney in your jurisdiction to ensure compliance with the law.

Campus Crime Records Access-

Barrett & Farahany v. Mercer University

Georgia Superior Court ruling that a campus police department operated by a private university is subject to the Georgia public records act. February 2004.

Caledonian Record v. Vermont State Colleges

Vermont Supreme Court ruling that student disciplinary records not protected by FERPA must be released under state public records law, and that other records remain confidential. Decided September 5, 2003.

Caledonian Record v. Vermont State Colleges

Vermont Superior Court ruling that certain campus crime records not protected by FERPA must be released under state public records law. Decided July 31, 2002.

United States of America v. Miami University (294 F.3d 797)

U.S. Sixth Circuit Court of Appeals ruling barring the public release of student judicial records on grounds that the federal Family Educational Rights and Privacy Act precludes release of records that would otherwise be public under state public records law. Decided June 27, 2002.

Gonzaga University v. John Doe (536 U.S. 273)

U.S. Supreme Court ruling that federal Family Educational Rights and Privacy Act does not establish an individual right to seek damages under 42 USC § 1983 a federal civil rights law for the disclosure of confidential education records, instead the U.S. Department of Education must enforce the law through administrative action. Decided June 20, 2002. For additional documents related to this case please see SOC's Gonzaga v. Doe page.

John Doe v. Gonzaga University

Washington state Supreme Court ruling, among other things, permitting student to recover damages from private college for release of education records in violation of the federal Family Educational Rights and Privacy Act. Decided May 31, 2001, reversed by the U.S. Supreme Court in Gonzaga v. Doe (see above ruling).

Arkansas Attorney General's Opinion No. 2001-046

PDF Version (requires the free Adobe Acrobat Reader)

Ruling that records of student non-academic misconduct, including campus crimes, must be disclosed by colleges and universities under the state Freedom of Information Act. Issued February 20, 2001 in response to a request from Arkansas State University.

The Sacramento Bee (McClatchy Newspapers, Inc.) v. The University of California

The Superior Court of California for the County of Sacramento ruled that the University of California at Davis did not have to release campus police reports to the Sacramento Bee, a local newspaper. The Court ruled specifically that California's public records law did not require the release of complete police reports, and that a separate law campus crime reporting law did not apply the University of California. Decided February 26, 2001.

United States v. Miami University (91 F. Supp. 2d 1132)

Federal district court ruling denying student newspaper access to certain student disciplinary records granted by state supreme court ruling. Decided March 20, 2000, upheld by the Sixth Circuit Court of Appeals (see above ruling).

Burlington Free Press v. Univ. of Vermont

Vermont Superior Court case dealing with public access to records of University's response to allegations of hazing. Preliminary injunction granting partial access issued December 15, 1999.

Vermont Supreme Court ruling denying newspaper attorney fees in this case. Decided July 6, 2001.

Southwest Missouri State Univ. v. Nolan

Case brought by Southwest Missouri State University against student newspaper editor to determine to what extent student disciplinary records may be released. Initiated November 25, 1998. Decided January 26, 1999 in favor of granting records access.

William E. Kirwan et al. v. The Diamondback et al.

In a unanimous decision, the Court of Appeals of Maryland upheld a circuit-court decision that the university could not conceal parking tickets as educational or personnel records. December 8, 1998. (PDF format)

Daily Tar Heel v. Univ. of North Carolina

State court of appeals rejected request of student newspaper for access to student disciplinary hearings. Decided February 17, 1998.

• PETITION FOR DISCRETIONARY REVIEW (appeal of case dismissal; filed 3/24/98)
• DENIED BY NC SUP. COURT (7/8/98)

The Miami Student et al. v. Miami University (680 N.E.2d 956)

Ohio state Supreme Court ruling requiring university to disclose student disciplinary records under public records act. Decided July 9, 1997.

The Red & Black Publishing Co. v. The Board of Regents

This case opened the "Organization Court" of the student judicial system at the University of Georgia. Decided March 15, 1993.

John Doe v. The Red & Black Publishing Co.

This case opened the "Main Court" of the student judicial system at the University of Georgia. Decided in state Superior Court on May 6, 1993 and upheld without opinion by the Georgia Supreme Court on November 8, 1993.

Student Press Law Center v. Alexander

Granted preliminary injunction suspending enforcement of Federal privacy law which had prohibited access to college and university law enforcement records. Decided November 21, 1991.

Bauer v. Kincaid

Ordered opening of campus security records. Decided March 13 & 14, 1991.  The first case of its kind.