MGM continues its successful representation of the Kentucky Kernel Press, Inc., in its joint effort with College Heights Herald to enforce the Kentucky Open Records Act against Western Kentucky University (“WKU”). Both student-run newspapers sought to require WKU to disclose Title IX investigations into sexual misconduct allegations made against university employees. After the Attorney General ordered WKU to produce the documents with the names and personal identifiers of the complainants and witnesses redacted, and following the Kentucky Supreme Court’s Opinion in University of Kentucky v. Kernel Press, Inc., 620 S.W.3d 43 (Ky. 2021) (in which MGM also represented the Kentucky Kernel), WKU argued that it should be permitted to withhold the names of employees who were the subject of unsubstantiated allegations. In its August 16, 2024, Order in Western Kentucky University v. College Heights Herald, and The Kernal Press, Inc., d/b/a The Kentucky Kernal, case 17-CI-0233, the Warren Circuit Court rejected that argument, noting that the public interest would not be served by such an outcome. “WKU employees who were wrongfully accused could be vindicated by the disclosure of a thorough investigation revealing the reason for lack of disciplinary action.” Moreover, “[i]f unsubstantiated claims warranted greater protection in some cases, perverse incentives exist for public agencies to unsubstantiate claims to avoid public scrutiny.” The Opinion is now subject to appeal.
