A student reporter at Cal Poly and a nonprofit advocating for First Amendment rights have filed a lawsuit against Cal Poly.
Student journalist Elizabeth Wilson and the First Amendment Coalition filed the lawsuit Tuesday on claims the university failed to disclose public records she requested more than 18 months ago.
Wilson filed three records requests in September and October 2022, according to the lawsuit. It states that in all three cases, Wilson received responses from Cal Poly saying the university would search for those records, but when no updates were given and the records were not released, according to the documents, she turned to the First Amendment Coalition (FAC) for help.
“She was investigating administrators' responses to reported sexual assaults on campus and alleged student labor violations," FAC representative Annie Cappetta said. "But the case isn't necessarily about the underlying stories, but the fact that my client has a right to receive this information under the Public Records Act and the state Constitution and Cal Poly has withheld that information and violated those rights. “
“When filing a records requests, I go by a hunch that there is some sort of communication there or more data to explore, “ Wilson explained herself.
Under the Public Records Act, a response and estimated date of when the requested information may be received is required within 10 days of the request being sent. In Wilson's case, she claims Cal Poly never provided that date.
Because this is a pending investigation, representatives for Cal Poly declined to comment.
Cal Poly's Journalism Department Chair and professor Brady Teufel stated his support for Wilson.
"California's Public Records Act is enshrined in the state Constitution in order to provide access to information related to the public's business," he said. "In investigating campus sexual assault, alleged labor law violations and an administrator’s response to harassment complaints, I believe Wilson's reporting is clearly in the public interest."
"Beyond these three requests that I've been waiting for, it's also about asserting my rights and the rights of anyone else seeking information from the Cal Poly administration," Wilson added.
Wilson's attorney, Annie Cappetta, said this case is more than just about Wilson, but about access to information from Cal Poly for all reporters and members of the public.
“I really hope moving forward after I graduate and into the future, but also now that other students will not face the barriers that I have faced in trying to access public information," Wilson said.
The results Wilson and the First Amendment Coalition would like to see from the lawsuit are to hold Cal Poly accountable for public records requests sent in from reporters or the public, as well as the release of the records requested 18 months ago.
