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Judge: Redacted Portions of Tay Anderson Investigative Report Won’t Be Disclosed

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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Redacted portions of an investigator’s report on sexual misconduct allegations against Denver school board member Tay Anderson cannot be publicly disclosed because of a specific exemption in the Colorado Open Records Act, a judge has ruled.

The order issued Monday by Denver District Court Judge J. Eric Elliff cites language in CORA that requires the withholding of “any records of sexual harassment complaints and investigations, whether or not such records are maintained as part of a personnel file.”

“The Court recognizes that due to Mr. Anderson’s position as an elected official, and particularly as one in the context of school administration, the contents of this report are of the utmost concern to the public,” Elliff wrote, adding that the public also has an interest “in assessing the efficacy and fairness of such investigations.”