Dear Rutgers University,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.

Records requested: Please provide any and all records of allegations of misconduct and/or violations of University policy, including supporting documents, by the Gamma Phi Beta sorority; any and all records of formal charges against the Gamma Phi Beta sorority filed by the University Office of Student Conduct or Office of Fraternity and Sorority Affairs; and any and all judgements, determinations, or punishments related to such allegations or charges by the Office of Student Conduct or the Office of Fraternity/Sorority Affairs, within the past 5 years (from 11/22/2014 to present day.)

Yours faithfully,

Thomas Warner

Rutgers Open Public Records Center,

   
 
 
Dear Thomas Warner,

Thank you for registering with Rutgers, The State University of New
Jersey Open Public Records Center, an online, public portal. Below you
will find your portal login and password information .

Login:  [OPRA #8131 email]
 
If you have never used this system or cannot remember your password, you
may request a [1]Temporary Password
 

If you are a first time user and did not submit your request through the
public portal but are receiving this e-mail, an account has been created
for you with the login and password listed above. At this account you can
access, track and receive any documents in response to your request.

Please log in to the [2]Rutgers University Open Public Records Center and
then "My Request Center" to update any contact or password information on
your account and to view your request.

The University Custodian of Records will contact you if there are
questions regarding your request or provide you a response. If you have
questions, you may contact the OPRA Administrator at 973.972.1887.
Thank you again for registering with the Rutgers University Open Public
Records Center.
 
 
This is an auto-generated email and has originated from an [3]GovQA
unmonitored email account. Please DO NOT REPLY. logo

 

References

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2. https://rutgers.mycusthelp.com/WEBAPP/_r...

Rutgers Open Public Records Center,

Dear Warner:

Thank you for submitting your request for government records of Rutgers,
The State University of New Jersey. Your request has been received and is
being processed in accordance with the New Jersey Open Public Records Act
(OPRA), NJSA 47:1 et seq. Your request was received through the online,
public portal [1]Rutgers University Open Public Records Center of this
office on 11/25/2019 and given the reference number R005484-112519.  

Your request will be forwarded to the Office of the Custodian of
Records for review and processing, including determining the volume of
responsive documents and any potential costs associated with satisfying
your request. Please note, the N.J. Open Public Records Act does not
require the University to create new documents, to conduct research, or to
answer questions for information.

Records Requested: Dear Rutgers University, This is a request for public
records made under OPRA and the common law right of access. I am not
required to fill out an official form. Please acknowledge receipt of this
message. Records requested: Please provide any and all records of
allegations of misconduct and/or violations of University policy,
including supporting documents, by the Gamma Phi Beta sorority; any and
all records of formal charges against the Gamma Phi Beta sorority filed by
the University Office of Student Conduct or Office of Fraternity and
Sorority Affairs; and any and all judgements, determinations, or
punishments related to such allegations or charges by the Office of
Student Conduct or the Office of Fraternity/Sorority Affairs, within the
past 5 years (from 11/22/2014 to present day.) Yours faithfully, Thomas
Warner

The Office of the Custodian of Records uses the [2]Rutgers University Open
Public Records Center to communicate with you, respond to and track all
open public records requests.  If you have submitted your request
electronically through Rutgers Open Public Records Center portal, you have
already been required to create an account.

Notice to First Time Portal Users:

If you are a first time user and did not submit your request through the
public portal, you are receiving this request because the Rutgers Office
of the Custodian has created an account for you at the [3]Rutgers
University Open Public Records Center . 

To access your account and view your request:

1.Go to: [4]Rutgers University Open Public Records Center.

2. Select/open  "My Records Center"
3. Enter your email and password as provided in your previously received
Welcome Letter.

You can monitor your request through the [5]Rutgers University Open Public
Records Center at "My Request Center."

Thank you and if you have questions, you  may contact the OPRA
Administrator at (973) 972-1981.

 

Rutgers, The State University of New Jersey

University Custodian of Records

Office of Enterprise Risk Management, Ethics and Compliance

65 Bergen Street, Ste. 1346 

Newark, New Jersey 07101-1709

Phone: (973) 972-1981

Fax: (973) 972-2396

References

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2. https://u8387795.ct.sendgrid.net/wf/clic...
3. https://u8387795.ct.sendgrid.net/wf/clic...
4. https://u8387795.ct.sendgrid.net/wf/clic...
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Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, #R005484-112519

 

Dear Warner,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On November 25, 2019, this office received your request for the
following:

“Dear Rutgers University,

This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.

Records requested: Please provide any and all records of allegations of
misconduct and/or violations of University policy, including supporting
documents, by the Gamma Phi Beta sorority; any and all records of formal
charges against the Gamma Phi Beta sorority filed by the University Office
of Student Conduct or Office of Fraternity and Sorority Affairs; and any
and all judgements, determinations, or punishments related to such
allegations or charges by the Office of Student Conduct or the Office of
Fraternity/Sorority Affairs, within the past 5 years (from 11/22/2014 to
present day.)

Yours faithfully,

Thomas Warner”

This request is unclear. This letter seeks to clarify what documents you
are seeking from the University. OPRA provides access to “identifiable”
government records that are not otherwise exempt. New Jersey courts have
held that a request under OPRA must specifically describe the document
sought. “A proper request for access to government records must identify
with reasonable clarity those documents that are desired, and a party
cannot satisfy this requirement by simply requesting all of an agency’s
documents.” Bent v. Stafford Police Department, 381 N.J. Super. 30, 38
(App. Div. 2005). A blanket request for a class of various documents is
not a request for specific identifiable documents, and a custodian is not
required to conduct research to locate records potentially responsive to a
request. See Elcavage v. West Milford Twp., GRC Complaint No. 2006-64 (May
28, 2008). Moreover, OPRA does not require a custodian to conduct research
or an agency to expend “indisputably limited agency resources to sift
through the [agency's] vast files and identify, analyze and select
potentially relevant and responsive public records.” Spectraserv v.
Middlesex County Utilities Authority, 416 N.J. Super. 565, 578 (App. Div.
2010), Burnett v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div.
2010). Nor does OPRA require an agency to analyze, collate and compile
records in order to respond to a request. MAG Entertainment v. Division of
Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005). “In
short, OPRA does not countenance open-ended searches of an agency’s
files.” Id. at 549. You may clarify your request or submit narrower search
terms by including a time frame, or specifying precisely what records you
are seeking. 

In order for our office to process the request, please provide a response
to the above clarification. If we do not receive a clarification within
seven (7) business days, we will consider this request withdrawn and
closed.

 

You may contact the Office of the Custodian of Records through your
account under "My Request Center" at the [1]Rutgers Open Public Records
Center, phone, or via the regular mail to: Rutgers, The State University
of New Jersey, University Custodian of Records, University Ethics and
Compliance, 335 George Street, Suite 3300, New Brunswick, NJ 08901.

 

If you have any questions, please contact my office at 973.972.1981.

 

Sincerely,

 

Jewell Battle

University Custodian of Records

UEC

Rutgers, The State University of New Jersey

 

 

973.972.1981

 

To monitor the progress or update this request please log into the [2]Open
Public Records Center.

References

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1. https://u8387795.ct.sendgrid.net/wf/clic...
2. https://u8387795.ct.sendgrid.net/wf/clic...

Dear Rutgers Open Public Records Center,

I do not believe this request is unclear. When a student organization like Gamma Phi Beta is alleged to have violated University Policy, the charges are investigated and handled by the Office of Student Conduct and the Office of Fraternity Sorority Affairs. These two offices maintain records of allegations against this student organization, any supporting documents/evidence, and any dispositions, sanctions imposed, or other records of other actions taken as a result of the allegations. I am requesting these records from 11/22/2014 until 11/22/2019.

Yours sincerely,

thomas warner

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request,  # R005484-112519

Dear Mr. Warner,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On November 25, 2019, this office received your request for the
following:

“Dear Rutgers University,

This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.

Records requested: Please provide any and all records of allegations of
misconduct and/or violations of University policy, including supporting
documents, by the Gamma Phi Beta sorority; any and all records of formal
charges against the Gamma Phi Beta sorority filed by the University Office
of Student Conduct or Office of Fraternity and Sorority Affairs; and any
and all judgements, determinations, or punishments related to such
allegations or charges by the Office of Student Conduct or the Office of
Fraternity/Sorority Affairs, within the past 5 years (from 11/22/2014 to
present day.)

Yours faithfully,

Thomas Warner”

The University has reviewed your request and determined that the records
requested are exempt as, “Information concerning student records or
grievance or disciplinary proceedings against a student to the extent
disclosure would reveal the identity of the student.” N.J.S.A. 47:1A-1.1.
Even if these records were redacted and de-identified there is a high
probability that the individual students involved could be re-identified.

Therefore, your request is also denied on the basis of the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part
99). An educational agency or institution subject to FERPA is prohibited
from disclosing personally identifying information from students’
education records, without prior written consent, unless the disclosure
meets an exception to FERPA’s general consent requirement listed in 34 CFR
§§ 99.30 and 99.31. The term "education records" means those records,
files, documents, and other materials that are: (1) directly related to a
student; and (2) are maintained by an educational agency or institution or
by a person acting for such agency or institution. Therefore, your request
for the student records described above is denied. N.J.S.A. 47:1A-9.

Please note if you would like to find more information regarding Greek
Student life at Rutgers University you can
visit [1]http://greeklife.rutgers.edu/standards-a...

If your request has been denied, you may take your appeal to the New
Jersey Government Records Council (NJGRC), which has mediation and dispute
resolution procedures, or you may file a lawsuit with the New Jersey
Superior Court, as provided by N.J.S.A. 47:1A-1, et seq. Your rights of
appeal is provided with this letter at [2]Public Facing Pages of the
Rutgers University Open Public Records Request Center. You may also review
the brochure at the [3]Rutgers Custodian of Records page or visit the
[4]NJGRC page.

If you have any questions, please contact my office at 973.972.1981.

Sincerely,

Jewell Battle

University Custodian of Records

Rutgers, The State University of New Jersey

 

 

973.972.1981

 

To monitor the progress or update this request please log into the [5]Open
Public Records Center.

References

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