MT University System Won't Give Author Records On UM Rape Case - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

MT University System Won't Give Author Records On UM Rape Case

Posted: Updated:
MISSOULA -

A well-known author is asking a judge to order the release of records from the 2012 rape case against University of Montana quarterback Jordan Johnson.

Jon Krakauer, best known for his non-fiction books "Into the Wild," and "Into Thin Air," originally asked the Office of Commissioner of Higher Education's office for the records. When it shut down his request, his attorney filed a petition against the commissioner's office.

The petition and summons, filed by Krakaur's attorney Mike Meloy on his behalf, shows the book will look at how the Montana University System handled accusations of sexual assault against Johnson.

In 2012, the University of Montana disciplinary committee found Johnson guilty of raping a fellow student, leading to his expulsion. In the summons, Krakauer asks the Office of the Commissioner of Higher Education to "inspect or obtain" copies of records detailing how the office handled the UM disciplinary committee's actions. The office said, under state law, it can not share the documents.

"The Montana university system is prohibited by, both federal and state law, from releasing any and students records without student's consent," said Deputy Commissioner For Higher Education, Kevin McRae.

In the petition, Krakauer said the commissioner's office is violating his constitutional rights by withholding the records. Still, commissioners said without a student's written permission, they can not release any information regarding the case.

"We have not been provided consent by any students, either the particular individual Mr. Krakauer is interested in, or anyone else," McRae said.

So far, the office is not confirming the documents even exist.

"To confirm or deny would be to establish a fact, which would be a release of a record that we can not do without any students permission," McRae said.

Since his acquittal last year, Johnson has been allowed back into school, and back onto the football team.

The petition was filed in Lewis and Clark County District Court on Wednesday. It gives the Office of the Commissioner of Higher Education until March 26 to respond.

ABC FOX MONTANA tried to get in touch with Jordan Johnson, but we have not received a response.

  • NationalMore>>

  • CHP says officer may face serious beating charges

    CHP says officer may face serious beating charges

    Wednesday, August 20 2014 6:24 PM EDT2014-08-20 22:24:57 GMT
    The California Highway Patrol says one of its officers could face serious charges in the videotaped beating of a woman on the side of a freeway.
    A California Highway Patrol officer who was videotaped repeatedly striking a woman on the side of a Los Angeles freeway could face serious charges, the agency said Wednesday after forwarding its investigation to the...
  • Holder discusses police mistrust outside Ferguson

    Holder discusses police mistrust outside Ferguson

    Wednesday, August 20 2014 6:13 PM EDT2014-08-20 22:13:49 GMT
    U.S. Attorney General Eric Holder has told members of the Ferguson community that as a black man he understands why many African-Americans mistrust the police.
    U.S. Attorney General Eric Holder has told members of the Ferguson community that as a black man he understands why many African-Americans mistrust the police.
  • Texas Gov. Perry formally enters not guilty plea

    Texas Gov. Perry formally enters not guilty plea

    Wednesday, August 20 2014 6:13 PM EDT2014-08-20 22:13:45 GMT
    Republican Texas Gov. Rick Perry gave a confident, wry smile beneath flawless hair for his mug shot. Then he went out for a vanilla ice cream.
    Republican Texas Gov. Rick Perry has formally pleaded not guilty to criminal charges of leveraging his power to try to oust a Democratic district attorney convicted of drunken driving, according to court documents obtained...
  • Most Popular

  • Regional NewsMore>>

  • PHOTOS: Harvest 2014

    PHOTOS: Harvest 2014

    Wednesday, August 20 2014 4:23 PM EDT2014-08-20 20:23:55 GMT
    SPOKANE, Wash. - One of the great parts about living in Spokane, is if you head out of town in any direction, you're going to run into some beautiful farm land. I grew up south of Spokane, near Plaza, and one of my favorite things to do was to sit on the porch at night and stare south towards Rosalia at all of the rolling hills of wheat, lentils, barley and peas. 
    SPOKANE, Wash. - One of the great parts about living in Spokane, is if you head out of town in any direction, you're going to run into some beautiful farm land. I grew up south of Spokane, near Plaza, and one of my favorite things to do was to sit on the porch at night and stare south towards Rosalia at all of the rolling hills of wheat, lentils, barley and peas. 
  • SLIDESHOW: The NFL's most valuable teams

    SLIDESHOW: The NFL's most valuable teams

    SWXrightnow.com - The business of the NFL is booming like it never has before. It's a money machine that just keeps on generating profit or owners and players. 
    SWXrightnow.com - The business of the NFL is booming like it never has before. It's a money machine that just keeps on generating profit or owners and players. The National Football League is the most valuable sports league in the world. This week Forbes magazine came out with the worth of each of the 32 teams. INSIDE>>>|SLIDESHOW: See how YOUR team ranks|
  • Obama: US won't stop confronting Islamic State

    Obama: US won't stop confronting Islamic State

    Wednesday, August 20 2014 2:00 PM EDT2014-08-20 18:00:14 GMT
    EDGARTOWN, Mass. (AP) - President Barack Obama says the United States will continue to confront Islamic State extremists despite the brutal murder of journalist James Foley. 
    EDGARTOWN, Mass. (AP) - President Barack Obama says the United States will continue to confront Islamic State extremists despite the brutal murder of journalist James Foley. Obama says the entire world is "appalled" by Foley's killing. The president says he spoke Wednesday with Foley's family and offered condolences.
  • Most Popular StoriesMost Popular StoriesMore>>

  • Police, Father Search for Missing Missoula Man

    Police, Father Search for Missing Missoula Man

    Tuesday, August 19 2014 2:03 PM EDT2014-08-19 18:03:46 GMT
    Missoula police help family members search for Monte Swanson, 24, a missing Missoula man who is known to hang out at transient camps.
    Missoula police help family members search for Monte Swanson, 24, a missing Missoula man who is known to hang out at transient camps.
  • Noxious Weeds

    Noxious Weeds

    Tuesday, August 19 2014 8:05 PM EDT2014-08-20 00:05:49 GMT
    Noxious weeds are a growing problem in Butte-Silver Bow and the Weed Control Department is asking folks to get rid of the weeds within ten days before they go to seed.
    Noxious weeds are a growing problem in Butte-Silver Bow and the Weed Control Department is asking folks to get rid of the weeds within ten days before they go to seed.
  • Man in Custody After Pipe Bomb Found in Residential Area

    Man in Custody After Pipe Bomb Found in Residential Area

    Wednesday, August 20 2014 3:48 PM EDT2014-08-20 19:48:59 GMT
    Missoula police arrest 27-year-old Andrew Ibey for possession of a destructive device.
    Missoula police arrest 27-year-old Andrew Ibey for possession of a destructive device.
  • Cobell Settlement Checks Could Be Mailed By Fall 2014

    Cobell Settlement Checks Could Be Mailed By Fall 2014

    Friday, August 15 2014 9:03 PM EDT2014-08-16 01:03:47 GMT
    The people in charge of doling out money in the Cobell settlement want to put checks in the mail by this fall.
    The people in charge of doling out money in the Cobell settlement want to put checks in the mail by this fall.
  • Butte Police Searching for Armed Robbery Suspect

    Butte Police Searching for Armed Robbery Suspect

    Tuesday, August 19 2014 12:48 PM EDT2014-08-19 16:48:33 GMT
    Butte police are looking for a man they say robbed the pharmacy at the Safeway store on Massachusetts Street. The robber pointed a gun at store staff and demanded prescription drugs.
    Butte police are looking for a man they say robbed the pharmacy at the Safeway store on Massachusetts Street. The robber pointed a gun at store staff and demanded prescription drugs.
  • LOOK: Faces Of WA State's Missing People

    LOOK: Faces Of WA State's Missing People

    Thursday, February 27 2014 11:49 AM EST2014-02-27 16:49:33 GMT
    SPOKANE, Wash. - The missing persons listed in this slideshow resided in the state of Washington at the time of their disappearance or may have traveled to Washington State. These pictures came from Washington State Patrol's website. If you have any information about any of these missing people call 1-800-543-5678.
    SPOKANE, Wash. - The missing persons listed in this slideshow resided in the state of Washington at the time of their disappearance or may have traveled to Washington State. These pictures came from Washington State Patrol's website. If you have any information about any of these missing people call 1-800-543-5678.
  • PHOTOS: Supermoon from around the globe!

    PHOTOS: Supermoon from around the globe!

    Monday, August 11 2014 10:37 AM EDT2014-08-11 14:37:50 GMT
    KHQ.COM - Did you get a glimpse of the amazing supermoon last night? In case you missed it, check out the photos from around the globe of the magnificent moon. If you have photos that you took, please upload them to our Facebook page! >>>PHOTOS>>>
    KHQ.COM - Did you get a glimpse of the amazing supermoon last night? In case you missed it, check out the photos from around the globe of the magnificent moon. If you have photos that you took, please upload them to our Facebook page! >>>PHOTOS>>>
  • Butte Mom To Face Child Endangerment Charges in Anaconda

    Butte Mom To Face Child Endangerment Charges in Anaconda

    Wednesday, August 20 2014 12:18 PM EDT2014-08-20 16:18:09 GMT
    29 year old Michelle Renee Yallup of Butte who is currently serving time in a Utah jail will be brought back to Anaconda on August 22nd to face charges of child endangerment.
    29 year old Michelle Renee Yallup of Butte who is currently serving time in a Utah jail will be brought back to Anaconda on August 22nd to face charges of child endangerment.
Powered by WorldNow

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2014 WorldNow and Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.