No. 20-527

Kevin Guskiewicz, in His Official Capacity as Chancellor of the University of North Carolina at Chapel Hill, et al. v. DTH Media Corporation, et al.

Lower Court: North Carolina
Docketed: 2020-10-20
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: disciplinary-records discretion education-records educational-privacy ferpa public-records sexual-assault sexual-assault-disciplinary-records supremacy-clause
Key Terms:
EducationPrivacy Privacy JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Does the Supremacy Clause permit a state public-records law to override the discretion that FERPA grants universities over the disclosure of sexual-assault-disciplinary-records?

Question Presented (OCR Extract)

QUESTION PRESENTED The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, conditions federal funding on educational institutions’ compliance with certain policies and procedures to ensure the privacy of students’ educational records. But FERPA and its accompanying regulations carve out a few distinct categories of education records from the statute’s general prohibition on disclosure. As relevant here, educational institutions “may,” but are “not require[d]” to, disclose “the final results of any disciplinary proceeding . .. against a student who is an alleged perpetrator of any crime of violence. . . or a nonforcible sex offense, if the institution determines... that the student committed a violation of the institution’s rules or policies with respect to such crime or offense.” 20 U.S.C. § 1232g; 34 C.F.R. § 99.31(a)(14), (d). The question presented is: Does the Supremacy Clause permit a state publicrecords law to override the discretion that FERPA grants universities over the disclosure of sexual assault disciplinary records and instead mandate that those records be publicly disclosed?

Docket Entries

2021-01-11
Motion for leave to file amici brief filed by Victim Advocacy Groups GRANTED.
2021-01-11
Petition DENIED.
2020-12-11
Reply of petitioners Kevin Guskiewicz, et al. filed. (Distributed)
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-11-27
Rule 29.6 Statement filed with respect to the brief in opposition of respondents DTH Media Corporation, et al..
2020-11-24
Response to motion from respondents DTH Media Corporation, et al. filed.
2020-11-18
Motion for leave to file amici brief filed by Victim Advocacy Groups.
2020-11-18
Brief of respondents DTH Media Corporation, et al. in opposition filed.
2020-09-28
Petition for a writ of certiorari filed. (Response due November 19, 2020)

Attorneys

DTH Media Corporation, et al.
H. Hugh Stevens Jr.Stevens Martin Vaughn & Tadych, PLLC, Respondent
Kevin Guskiewicz, et al.
Sarah Gardner BoyceNC Department of Justice, Petitioner
Victim Advocacy Groups
Kip David NelsonFox Rothschild LLP, Amicus