Lawsuit Seeks to Unseal Sexual Misconduct Records Relating to UT-Austin Student-Athletes

College students accused of sexual misconduct are often subjected to Title IX investigations, which have raised numerous questions regarding individual rights and standards that seem to change from year to year and school to school. There are also concerns about student privacy when educational institutions launch reviews in response to an allegation of improper behavior. Now, the Texas Supreme Court will decide how much information media outlets can receive regarding sexual abuse investigations. 

In the case, the Austin American-Statesman sought disciplinary records involving alleged violence and sexual misconduct committed by student-athletes at the University of Texas-Austin. This was part of a larger story about college players evading punishment nationwide by switching schools. It was published by USA Today, which shares ownership with the Texas newspaper. Reporters reached out to several state schools requesting records under the Texas Public Information Act. While UT-El Paso provided the documentation, UT-Austin said doing so would violate students’ privacy rights.

The university’s legal position centers around the Family Educational Rights and Privacy Act (FERPA), a federal law that protects student educational records. UT-Austin contends that FERPA restricts them from releasing any records that would directly or indirectly identify student-athletes involved in misconduct cases. 

Should the court decide in favor of the plaintiffs, it could set a precedent for increased access to records of misconduct cases at public universities across the United States. This could lead to new reporting requirements for schools that receive federal funding. A ruling for the media outlets could also establish a broader interpretation of public records laws in Texas, making it more difficult for universities to rely on FERPA protections to withhold certain types of information. While the highest-profile situations relating to student disciplinary proceedings usually involve bigtime athletic programs, any student who is the subject of a Title IX matter could face reputational harm if their case receives public exposure.

Title IX proceedings can be very complex, so it is essential to hire an attorney who knows how the law is currently being applied at the federal level, and who can provide strong advocacy regardless of the specific procedure used by a school in these cases. At Tylden Shaeffer, Attorney at Law, P.C. in San Antonio, I represent individuals throughout the Texas in Title IX matters. To schedule an appointment, please call (210) 227-1500 or contact me online.  

By Tylden Shaeffer | Published November 22, 2024 | Posted in Title IX Claims | Tagged privacy, sexual misconduct, student