A judge has ruled that the University of North Carolina at Chapel Hill does not have to release its investigative report on problems at its School of Civic Life and Leadership.
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The decision, communicated in Orange County by Superior Court Judge John M. Morris, R-Rockingham, to attorneys Thursday, means the university’s findings on faculty complaints about the controversial school can be kept secret from the public, even though state taxpayers footed the $1.2 million bill for the seven-month investigation and the resulting report.
NC Newsline is part of a group of media organizations who sued the university to force the release of the report, which the outlets argued is a public record. But UNC-CH contended the report contains confidential information, and should therefore be considered exempt from open record laws.
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The judge informed attorneys on both sides that he intends to rule in favor of UNC-CH’s motion to have the case dismissed.
“The Court, having concluded the in-camera review of those documents referenced in the motion, having reviewed the court file, Defendants’ motion, legal briefs in support of and in opposition to the motion, and after considering arguments from counsel, GRANTS Defendants’ Motion for Summary Judgment,” Morris wrote.
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Morris directed attorneys for UNC-CH to draft an order for his consideration.
Media coalition attorney: decision ‘sweeping,’ ‘unfathomable’
“Judge Morris’ decision is the most inexplicable and unexpected decision that I have encountered in almost 50 years of litigating public records cases,” said media attorney Hugh Stevens.
“Given the applicable law, it is unfathomable to me that every page, every line, and every word of a 400-page investigation that was conducted at significant public expense and that concerns a manifestly public matter – i.e., the establishment of a new and controversial school at our flagship university – is exempt from public disclosure,” Stevens said.
“Judge Morris did not disclose why he believes that the SCiLL report is completely beyond the reach of the North Carolina Public Records Act. Since we, unlike both him and the University’s lawyers, have never had the opportunity to see the report, we cannot cogently comment on the rationale for his terse but sweeping secrecy ruling.”
- 6:40 pmUpdated to correct that Superior Court Judge John M. Morris is not an Orange County judge. He was elected in District 22, which includes Rockingham, Caswell and Scotland counties.
- 5:12 pmUpdated to add attorney’s comment.
