The Office of Student Conduct will release the names of individuals who violated the university code for sexual assault after an opinion from the state’s attorney general claimed convicted offenders are not protected under federal privacy laws.

After more than two years of confusion and debate about whether this information was protected under the Family Educational Rights and Privacy Act — a federal law that protects student records — Attorney General Douglas Gansler’s office wrote an opinion stating that release of the names does not violate FERPA. John Zacker, director of the Office of Student Conduct, responded to student journalists seeking this information earlier this week and said he will hand over the records.

“Until the recent request resulting in this advice, the University’s policy of non-disclosure has been consistent with the discretion provided under federal law,” Zacker wrote in an e-mail. “The University will respond to future [Maryland Public Information Act] requests on this matter in accordance with the Attorney General’s advice.”

But it might not be that simple.

Senior journalism major Alex Moe said there are still more hurdles to getting the names — Zacker’s office requested more than $340 in compensation for the more than 12 hours of work he expects the process of compiling and disclosing information to take. Capital News Service, a news organization in the journalism college that filed the public information request, is in the process of responding to the Office of Student Conduct, requesting the fees be waived because, they say, the information is in the public’s interest.

“Sexual assault is a huge issue on campuses,” Moe said. “We feel like the public should know about it, and the university is our only avenue of getting these records.”

CNS filed a PIA request last month seeking the names of all students in the past 10 years who were disciplined by the university after violating the code for sexual assault.

“Journalism in general is supposed to bring about transparency,” said senior journalism major Carlos Olazagasti, who worked the story two years ago. “The interpretation of the attorney general brings even more transparency to the law. It allows us as journalists and people to get a lot more information through the Office of Student Conduct about the really scary situation of sexual assault on the campus.”

In fall 2008, student journalists got a tip that a university athlete had transferred to another school because he was found responsible for sexual assault by Office of Student Conduct. After CNS TV Bureau Director Sue Kopen Katcef asked administrators whether that information was accessible through a PIA request, she was told it was off-limits and protected under FERPA.

But Kopen Katcef and her students consulted with lawyers at the Student Press Law Center in Virginia, who determined sexual offenders are not covered under the federal act.

Soon after, CNS asked the opinion of state Del. Bill Bronrott (D-Montgomery), a university alumnus and media advocate, who requested the opinion of the Attorney General’s Office on behalf of the students.

“It’s important that people know the degree to which these incidences occur on any campus,” Bronrott said. “This is not just a University of Maryland issue. Every campus faces these issues and I think that more light on the matter is probably better. I just wanted the reporters and editors looking into this matter to know exactly what the legal boundaries were so they had all the information.”

According to a survey by the U.S. Justice Department, one in five women will be raped while in college. Of those women, only 5 percent will report it to authorities. This university, which is required by law to submit all instances of sexual assault to the U.S. Education Department through the Clery Act, saw 17 incidents of forcible sexual offenses reported in 2008.

Moe is now reporting the story for CNS and said the attorney general’s response was needed to help end a two-year push to publicize what students feel is vital information.

“It’s been a long time coming,” Moe said. “To finally have the attorney general’s opinion on the record to help define FERPA is tremendous. It helps journalists inform the public of what they need to know.”

redding@umdbk.com