Award-Winning Student Journalist’s Public Records Requests Remain Unfulfilled for More Than 18 Months
SAN RAFAEL, Calif. — Elizabeth Wilson, a student journalist at Mustang News, the student paper at California Polytechnic State University, San Luis Obispo (Cal Poly), today sued the school for violating the California Public Records Act by refusing to disclose public records she requested more than 18 months ago. Wilson made the requests while researching stories on campus sexual assault, labor violations alleged by Cal Poly student employees, and a top administrator’s failure to respond to sexual harassment and other complaints.
“The delay in releasing records inhibits impactful student journalism and public knowledge. Students and Cal Poly staff deserve to know how top administrators discuss critical issues. I’m hopeful this lawsuit will spark larger conversations surrounding institutional transparency and accountability,” said Wilson.
Wilson filed the three requests in September and October 2022; in all three cases, she received responses from Cal Poly that they would search for records. After months passed and she received no records or communication detailing why the records she requested would not be released, she followed up on all three requests in January 2023.
In response, Cal Poly refused to provide an estimated date to produce the records, which is required by the California Public Records Act, and merely “assured” Wilson that it was processing all her requests. More months passed with no update, despite Wilson asking again and reminding Cal Poly of its obligation to provide an estimated date.
On June 16, 2023, FAC sent a letter on Wilson’s behalf identifying the numerous California Public Records Act violations Cal Poly has committed regarding her public records requests. A month later, Cal Poly did respond that Wilson should begin receiving responsive records “as they become available” and will be “apprised of our progress on a bi-weekly basis.” The university also said it identified only “approximately 50 e-mails” responsive to one of her requests, and that in August 2023, it “finished reviewing” those records and they only needed to “be review by University Counsel,” which they said would take “a few more weeks.”
Despite its promises, Cal Poly stopped updating Wilson in September 2023, and Wilson has to this date received no records in response to these three requests.
“Access to public records is not a courtesy that public officials have the option to provide at their leisure; it is a fundamental civil right in our state’s constitution. When a state university waves away that right by reviewing records at a snail’s pace while nearly half of a student journalist’s college tenure passes, that institution cannot expect to inspire any trust in students, parents, or the public,” said Annie Cappetta, Legal Fellow, First Amendment Coalition.
Today’s lawsuit asks the court to find Cal Poly has violated the CPRA and to fulfill Wilson’s requests by handing over all responsive documents.
The case, Wilson v. California Polytechnic State University, San Luis Obispo, was filed in Superior Court of California, County of San Luis Obispo.