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  1. #1
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    Default Can a Crime Victim Get a Student's School Records

    My question involves education law in the State of: Texas:

    Had a student use my login to send messages to a teacher. Attorney and I proved my innocence, Iím gonna assume a open records request they have the right to deny?

  2. #2
    Join Date
    Oct 2016
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    Default Re: Victim of a Crime on Campus

    You mean an open record request to get info on a student? Is the student a minor? If so you won't get squat.

    What particular info do you want and for what use?

  3. #3
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    Default Re: Victim of a Crime on Campus

    Quote Quoting D-town
    View Post
    My question involves education law in the State of: Texas:

    Had a student use my login to send messages to a teacher. Attorney and I proved my innocence, I’m gonna assume a open records request they have the right to deny?
    Not enough information to provide an answer. Is this school a college/university or high school? Is it a private school or government owned school? If it is a private school, does it take any federal funds? And what records are you going to request?

    Note that if the school is a private school it is not subject to any open records laws. So a private school certainly may deny an open records request. Also, private schools that accept federal funds and public schools are limited in what information they may give out about students to persons other than that student (or for a minor, that student's parents) under a federal law known as FERPA.

  4. #4
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    Default Re: Victim of a Crime on Campus

    they aren’t a minor. I want the IP address in the email and I want to know the name of the person who did it so I can press criminal charges then sue them civilly while they are in jail.without a name, that isn’t possible.the school is a public university btw.

  5. #5
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    Oct 2014
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    Default Re: Victim of a Crime on Campus

    Quote Quoting D-town
    View Post
    they aren’t a minor. I want the IP address in the email and I want to know the name of the person who did it so I can press criminal charges then sue them civilly while they are in jail.without a name, that isn’t possible.
    If you want to get the person criminally prosecuted report what happened to the police. The police can do the investigation needed to determine who it was that sent the e-mail, assuming that they are interested in pursuing it. With or without a name, if they are not interested in it there is nothing you can do to get the person prosecuted. You don't "press charges" against anyone. That is what the prosecutor does. You simply report the crime.

    Whether you might get information on the IP address from the school depends on the other questions I asked earlier.

  6. #6
    Join Date
    Oct 2016
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    Default Re: Victim of a Crime on Campus

    You mentioned you had a lawyer. Have you addressed this with that lawyer?

    P.S. There are at least 4 questions Taxing Matters asked you that you didn't answer.

  7. #7
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    Default Re: Victim of a Crime on Campus

    Quote Quoting PayrolGuy
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    You mentioned you had a lawyer. Have you addressed this with that lawyer?

    P.S. There are at least 4 questions Taxing Matters asked you that you didn't answer.
    Quote Quoting PayrolGuy
    View Post
    You mentioned you had a lawyer. Have you addressed this with that lawyer?

    P.S. There are at least 4 questions Taxing Matters asked you that you didn't answer.
    Is this school a college/university or high school?
    College university that is public
    Is it a private school or government owned school?

    If it is a private school, does it take any federal funds?
    They receive fafsa and federal grants.

    And what records are you going to request?
    Basically the ip address in the emails header so that I may hand it over to the police.


    the lawyer who helped me suggested that i dont point the finger at anyone because that could have possibly lead to me being sued, which i didnt.

  8. #8
    Join Date
    Oct 2016
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    Default Re: Victim of a Crime on Campus

    Since a lawyer didn't think you had enough proof to protect you in a defamation suit what makes you think for a second that there is enough evidence for you to prevail in a civil suit or for the state to prosecute?

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