Richardson Admissions

Request to:
University of Hawaii
Law used:
State of Hawaii UIPA
Status of this request:
Request partially successful
Refusal Reason
Agency cites FERPA vaguely.
Summary of Request
I request a record that indicates the names of all the individuals, both students and faculty, serving on the Richardson School of Law Admissions Committee for the 2019-2020 school year.

Messages in this request

From << Name Not Public >>
Subject Records Request for University of Hawaii: Richardson Admissions [#220]
Date July 19, 2019, 3:11 p.m.
To University of Hawaii
Status Awaiting response
Attachments

Aloha, Pursuant to the public records law, I would like to request the following records in electronic format sent to my email address.
I request a record that indicates the names of all the individuals, both students and faculty, serving on the Richardson School of Law Admissions Committee for the 2019-2020 school year.
[... Show complete request text] << Name Not Public >>
  1. 2 months agoJuly 19, 2019, 3:12 p.m.: << Name Not Public >> sent a message to University of Hawaii.
  2. 1 month, 2 weeks agoAug. 5, 2019, midnight: This request became overdue
From << Name Not Public >>
Subject Records Request for University of Hawaii: Richardson Admissions [#220]
Date Aug. 6, 2019, 10:23 a.m.
To University of Hawaii

Aloha, My UIPA request "Richardson Admissions" (07/19/2019) was not answered in the time defined by HAR 2-71-13. Please update me on the status of my request as soon as possible. Mahalo,
  1. 1 month, 1 week agoAug. 6, 2019, 10:24 a.m.: << Name Not Public >> sent a message to University of Hawaii.
From << Name Not Public >>
Subject Records Request for University of Hawaii: Richardson Admissions [#220]
Date Aug. 21, 2019, 11:06 a.m.
To University of Hawaii

Aloha, My UIPA request "Richardson Admissions" (07/19/2019) was not answered in the time defined by HAR 2-71-13. This is the second reminder I've sent. Please update me on the status of my request as soon as possible. Mahalo,
  1. 3 weeks, 6 days agoAug. 21, 2019, 11:06 a.m.: << Name Not Public >> sent a message to University of Hawaii.
From << Name Not Public >>
Subject Records Request for University of Hawaii: Richardson Admissions [#220]
Date Aug. 27, 2019, 10:29 a.m.
To University of Hawaii

Aloha, My UIPA request "Richardson Admissions" (07/19/2019) was not answered in the time defined by HAR 2-71-13. Please update me on the status of my request as soon as possible. Mahalo,
  1. 3 weeks agoAug. 27, 2019, 10:29 a.m.: << Name Not Public >> sent a message to University of Hawaii.
From << Name Not Public >>
Subject Records Request for University of Hawaii: Richardson Admissions [#220]
Date Aug. 30, 2019, 3:02 p.m.
To University of Hawaii

Aloha, I previously sent a request about a month ago and did not receive a response. I am trying a different email address this time. Please let me know if this message is received and whether my request is being processed. Text of previous request sent August 4th: "I request a record that indicates the names of all the individuals, both students and faculty, serving on the Richardson School of Law Admissions Committee for the 2019-2020 school year." Thank you,
  1. 2 weeks, 4 days agoAug. 30, 2019, 3:02 p.m.: << Name Not Public >> sent a message to University of Hawaii.
From UHUIPA – University of Hawaii
Subject Re: Records Request for University of Hawaii: Richardson Admissions [#220]
Date Aug. 30, 2019, 5:02 p.m.
Status Request resolved

Aloha - Your email has been received and your request is currently being processed. When your request is ready you will receive it electronically. Mahalo On 8/30/19 3:02 PM, << Name removed >> << Name removed >> wrote: > Aloha, > > I previously sent a request about a month ago and did not receive a > response. I am trying a different email address this time. Please let me know if > this message is received and whether my request is being processed. > > Text of previous request sent August 4th: > > "I request a record that indicates the names of all the individuals, both > students and faculty, serving on the Richardson School of Law Admissions > Committee for the 2019-2020 school year." > > Thank you, > > > > > >
  1. 2 weeks, 4 days agoAug. 30, 2019, 5:02 p.m.: Received an email from University of Hawaii.
  2. 1 week, 5 days agoSept. 5, 2019, 9:10 a.m.: Received an email from University of Hawaii.
From Elmer Kaai – University of Hawaii
Subject UH Response - FOIA Request on the UH Law School Admission Committee
Date Sept. 5, 2019, 9:10 a.m.
Attachments

Dear Public Record << Name removed >> , Attached is the University of Hawaii's response to your request for records dated July 19, 2019. Thank you for your patience in this matter. Respectfully, Elmer Ka'ai *Elmer K. Ka'ai* *Director, Government Relations and Community Affairs* *UH Mānoa, Office of the President* *Hawaii Hall 121* *Honolulu, HI 96822* *Tel: 808.956-3816* CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.
From << Name Not Public >>
Subject UH Response - FOIA Request on the UH Law School Admission Committee [#220]
Date Sept. 6, 2019, 3:16 p.m.
To University of Hawaii

Dear Elmer, I respectfully request that your office reconsider the partial denial of my request. 1. This record is not an "Education Record". The Department of Education has defined "education record" in 34 CFR §99.3. The definition covers records that are "directly related" to a student. It specifically excludes, for example, records in which a student is working in the capacity of an employee of the university. Court cases have interpreted FERPA consistently with that understanding. See for example, Ellis v. Cleveland Mun. Sch. Dist., 309 F. Supp. 2d 1019, 1022-23 (N.D. Ohio 2004) (teacher discipline records mentioning students are not student education records subject to FERPA). It is my understanding that the students serving on this committee are not receiving any college credit and that it is a volunteer basis, more akin to employment than academic performance. 2. No Privacy Interest For Student Members OIP directly addressed this same request in Opinion No. 89-9. OIP found that student members of the committee had no significant privacy interest in the disclosure of their names. (Page 5). They are elected by their peers and their names are announced to the Richardson student body and faculty. ... Sincerely yours << Name removed >> << Name removed >>
  1. 1 week, 4 days agoSept. 6, 2019, 3:16 p.m.: << Name Not Public >> sent a message to University of Hawaii.
  2. 1 week agoSept. 10, 2019, 2:32 p.m.: Received an email from University of Hawaii.
From Elmer Kaai – University of Hawaii
Subject Re: UH Response - FOIA Request on the UH Law School Admission Committee [#220]
Date Sept. 10, 2019, 2:32 p.m.

Thank you for your email. However, the University will not reconsider its response. Please note that the student committee member sits on the committee in his/her capacity as a student. The student member committee is not employed for his/her position on the committee. Also, the OIP opinion that you reference predates HRS § 92F-4 which exempts disclosure when to do so would jeopardize federal funding, as with FERPA violations. In any future correspondence, please identify yourself by name. *Elmer K. Ka'ai* *Director, Government Relations and Community Affairs* *UH Mānoa, Office of the President* *Hawaii Hall 121* *Honolulu, HI 96822* *Tel: 808.956-3816* CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. On Fri, Sep 6, 2019 at 3:16 PM << Name removed >> << Name removed >> < <<email address> > wrote: > Dear Elmer, > > I respectfully request that your office reconsider the partial denial of my > request. > > 1. This record is not an "Education Record". > > The Department of Education has defined "education record" in 34 CFR §99.3. > The definition covers records that are "directly related" to a student. > It specifically excludes, for example, records in which a student is > working > in the capacity of an employee of the university. Court cases have > interpreted FERPA consistently with that understanding. See for example, > Ellis v. > Cleveland Mun. Sch. Dist., 309 F. Supp. 2d 1019, 1022-23 (N.D. Ohio 2004) > (teacher discipline records mentioning students are not student education > records subject to FERPA). It is my understanding that the students > serving on > this committee are not receiving any college credit and that it is a > volunteer > basis, more akin to employment than academic performance. > > 2. No Privacy Interest For Student Members > > OIP directly addressed this same request in Opinion No. 89-9. OIP found > that student members of the committee had no significant privacy interest > in > the disclosure of their names. (Page 5). They are elected by their > peers and > their names are announced to the Richardson student body and faculty. > ... > > Sincerely yours > << Name removed >> << Name removed >> > > > > > > >
  1. 1 week agoSept. 10, 2019, 2:59 p.m.: University of Hawaii answered partially, but denied access to all information on the grounds of Agency cites FERPA vaguely..
  2. 1 week agoSept. 10, 2019, 3 p.m.: << Name Not Public >> published an attachment on request Richardson Admissions.