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UVU GRAMA Denial: The Three Exemptions Cited

Screenshot of a records denial listing three Utah GRAMA statutory exemptions and the appeal instructions

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This is the second page of the same Utah Valley University records denial, and it is where the legal reasoning appears. The document states that the request is denied under three provisions of the Utah Government Records Access and Management Act.

The cited grounds are, verbatim: Utah Code Ann. section 63G-2-305(12), because disclosure would jeopardize the security of public property, buildings, or systems; Utah Code Ann. section 63G-2-305(10)(a) through (c), covering records created or maintained for civil, criminal, or administrative enforcement purposes where release could reasonably be expected to interfere with enforcement proceedings or investigations or deprive a person of a right to a fair trial; and Utah Code Ann. section 63G-2-106, covering records of security measures such as security plans and procedures. The page closes by stating that the requester may appeal to the Chief Administrative Officer of Utah Valley University in writing within 30 days.

The three exemptions do different jobs, and researchers have pointed out that stacking them makes the denial very hard to challenge: one covers building security, one covers the pending prosecution, and one covers security procedures generally. Whatever the merits, the practical effect is that footage from a public campus on the afternoon of a public killing stays sealed while the criminal case is open. The pattern of sealed records across this case is documented at UVU GRAMA Records, Gag Order and Sealed Court, and Discovery Delays.

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