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TTHURSDAY, HURSDAY, DDECEMBER ECEMBER 11,, 22016 016 > W WESTERN ESTERN KKENTUCKY ENTUCKY UUNIVERSITY NIVERSITY > VVOLUME OLUME 992, 2, IISSUE SSUE 2266
Some WKU donors kept confidential by foundations BY MONICA KAST
HERALD.NEWS@WKU.EDU
T
wo memorandums of understanding between the WKU Foundation, College Heights Foundation and WKU could violate Kentucky law by keeping the names of donors confidential, according to Kentucky Open Records laws. In October, the Herald requested a list of lifetime donors and the 2016 fiscal year annual donors and the amounts donated. Five lifetime donors were listed as “confidential” or “donor confidential,” and 30 annual donors were listed as “confidential” or “donor confidential.” In September, the WKU Board of Regents Executive Committee approved two memorandums of understanding between the WKU Foundation, the College Heights Foundation and WKU.
Each MOU was created to “provide a framework … to examine how the Foundation can most effectively advance the mission of the institution,” and to “provide transparency and accountability regarding the use of both state and private resources,” according to the MOUs. Within the memorandums for each foundation, there is a section on confidentiality of donor records. “The Institution [WKU] shall establish and enforce policies that support the Foundation’s ability to respect the privacy and confidentiality of donor records, subject to public inquiries related to revenue, expenditure policies, investment performance, and other information that is normally available to the public in the conduct of institutional affairs,” section III, part j reads. President Gary Ransdell said these MOUs were presented to the Board of Regents to better inform
the Board of Regents about the roles and actions of both foundations. Both MOUs were approved unanimously, with Regent John Ridley abstaining from the vote. At the meeting, Marc Archambault president of the WKU Foundation, said the confidentiality clause was included as an “effort to try to preserve the privacy of donors where legal.” At the October Board of Regents meeting, the MOUs were to be approved by the Board of Regents. Archambault said the regents brought up a request for a minor change to each MOU, and they had not been approved with the newest change. Archambault said the Foundations agreed to comply with the request for the change, and the MOUs would go back to the Board of Regents for its next meeting.
SEE FOUNDATION PAGE A2
Records denial appeal filed to Attorney General BY NICOLE ARES
HERALD.NEWS@WKU.EDU After the second consecutive denial of WKU faculty and staff sexual misconduct records, the Herald has filed an appeal to the Commonwealth of Kentucky Office of the Attorney General. These records include documents of six university employee resignations since 2013 after the results of Title IX investigations found violations of university policy, according to assistant general counsel Andrea Anderson. WKU’s Office of the General Coun-
sel has denied the Herald’s open records request, citing multiple Kentucky Revised Statutes and the ongoing litigation between the University of Kentucky and its student newspaper the Kentucky Kernel. “WKU is aware of the ongoing litigation between the Kentucky Kernel and the University of Kentucky (“UK”) over disclosure of the very records requested from WKU,”Anderson said in the first denial letter to the Herald. “Should this matter resolve with the court ordering production of UK’s Title IX investigative files, WKU will supplement this response.” After receiving WKU’s first denial
letter, the Herald consulted with attorney Jon Fleischaker. “Jon has more than 40 years of experience in media law and First Amendment cases, actively involved in representation of newspapers and broadcasters dealing with publication issues,” according to the Dinsmore law firm website where Fleischaker is a partner. Fleischaker said WKU citing the Kentucky Revised Statute 61.878(j) as a reasoning for denial on the basis that it protects records that are “preliminary” in nature is invalid. “Once it’s done it’s done,” Fleischaker said. “Since the initial com-
plaint resulted in the resignation of a university employee, those records are no longer preliminary.” After consulting with Fleischaker, the Herald sent another open records request to WKU stating Fleischaker’s opinion. In a brief email, Anderson again denied the Herald’s request. “When the Judge issues a decision in the University of Kentucky v. Kentucky Kernel litigation, we will immediately revisit your request,” she said in the second denial email. In April, former Kentucky Kernel Editor-in-Chief Will Wright filed an open records request for all
SEE TITLE IX PAGE A2