Cal Poly has reached a settlement in a lawsuit involving Elizabeth Wilson, a Cal Poly student and journalist for Mustang News, who accused the university of violating the California Public Records Act. Represented by the First Amendment Coalition, Wilson expressed her satisfaction with the settlement but emphasized that it should not have taken legal action to affirm her right, and that of the wider Cal Poly community, to access vital information. Wilson pointed out that such access is essential not only for journalists but for anyone aiming to hold institutions accountable for their actions and decisions.
The issue arose in 2022 when Wilson submitted three public records requests to Cal Poly, seeking information related to sexual assault and harassment incidents on campus, as well as alleged labor violations involving Cal Poly student employees. California law mandates that public institutions must provide an estimated timeline for fulfilling such requests. Wilson’s claims stated that Cal Poly did not comply with this requirement. Ultimately, Wilson received the requested records in July, shortly after she initiated the lawsuit and more than a year after her initial requests.
The records released to Wilson included a total of 236 emails, while 21 emails were withheld under exemptions specified in the law. This delay and lack of communication regarding her requests were central to Wilson’s decision to pursue legal action. The settlement reached with the university dictates that Cal Poly must provide training within the next three months for all staff responsible for processing public records requests, emphasizing the university’s obligation to handle such requests transparently and efficiently.
Additionally, as part of the settlement, Cal Poly’s student journalists will have the opportunity to meet in person with the university’s records technicians to discuss the status of ongoing public records requests. This step aims to foster better communication and understanding between the university staff and student journalists, thereby enhancing the records request process for all involved parties and ensuring that students receive the information they require in a timely manner.
Annie Cappetta, a legal fellow at the First Amendment Coalition, underscored the importance of access to public records as a constitutional right, stating that it should not be a discretionary privilege granted by officials at their convenience. The settlement aims to raise awareness among Cal Poly staff about their legal obligations to uphold public access to information, reinforcing the necessity of efficient and responsive procedures for handling public records requests.
Cal Poly confirmed for The Tribune that a settlement had been reached in the case but did not provide additional comments on the matter. This resolution highlights the significance of transparency in public institutions and the critical role that students and journalists play in advocating for accountability and access to information. The outcome serves as a reminder of the importance of protecting rights enshrined in the public records law, ensuring that transparency remains a priority for all educational institutions.
