Attorneys for Hocking College have moved to dismiss a $75,000 lawsuit filed against them for destroying public records, saying that Athens County courts do not have authority over the case.
Hocking College submitted its response to a complaint filed by Ryan Stubenrauch, of Columbus, that alleged the college destroyed completed forms from an employee evaluation of the presidential candidates.
Stubenrauch said in his complaint, filed in May, that the college destroyed 75 forms filled out by faculty during its evaluation of presidential candidates. Each destroyed form constitutes a single violation worth a $1,000 penalty, he said in his complaint. If it loses the lawsuit, the college may be forced to pay him $75,000 for all of the destroyed records.
Faculty leaders filed a records request in April for the evaluation forms. Though the college provided the forms for two candidates, it did not release those of Ron Erickson, who was eventually chosen as the new president, saying a trustee had destroyed the records after presenting their findings to the board of trustees.
The college said in its response, filed Friday, that though they admit destroying the forms, they were not public records and destroying them was not illegal. They added that though the court has jurisdiction over public records cases filed against the college, they are not the right venue for this particular case.
Hocking's attorney does not explain why the court does not have jurisdiction in their response, and a representative from the state Attorney General's office, which represents the college, would not clarify the argument, saying that the response would stand on its own.
Judge Michael Ward, who is presiding over the case, will discuss the initial complaint and response July 28. If Ward decides to dismiss case as Hocking's attorney asks, Stubenrauch will not be able to re-file his lawsuit and will be forced to pay the court costs.
Stubenrauch - who has no formal ties to the college and said he first heard about the destroyed records from media reports - could not comment on why the college thinks the county court does not have proper jurisdiction.
He has said he is enforcing government transparency and is not after the money, adding that he will donate a portion of his winnings to the Ohio Coalition for Open Government.
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Frank Thomas
