Lansing Community College faces FOIA lawsuit

LANSING, Mich. (WLNS) — Lansing Community College is being sued by an Ingham County Commissioner for violating the Michigan Freedom of Information Act.

Mark Grebner, who is a commissioner and does political organizing work, filed a lawsuit in the Michigan Court of Claims last month accusing the college of violating the law that provides the public with access to documents generated by public bodies as part of the public institution’s taxpayer-funded work.

In this instance, in May, Grebner requested the college’s student directory information. Student directories are documents created by educational institutions like LCC providing contact information for current students. Federal law allows these to be public under the Family Educational Rights Protection Act (FERPA) .

The College did not respond to Grebner’s original May 10 request until he sent a follow-up email on July 3. Michigan’s Freedom of Information Act (FOIA) requires a public body to respond to a request within five business days. In that response, it can request an additional 10 business days, deny the request in part or full or grant the request in full.

The College responded to the follow-up on the July 3 email hours later denying Grebner’s request.

“Please note the singular use of the word “student” in Section 5 (A) of FERPA,” wrote J.R. Beauboeuf, director of Risk Management and Legal Services at LCC, in a letter to Grebner denying his FOIA request. “In order for the college to release directory information to you in reliance on and in compliance with FERPA, you would have to provide the College with at least the name of each student on whom you require directory information.”

Beauboeuf noted Michigan’s public records laws don’t require a public body to create a document for a public records request.

Grebner filed the lawsuit on Aug. 8. He is being represented by George Brookover, an attorney who is also currently serving as Mayor of the city of East Lansing. Brookover and Grebner have a lengthy partnership in legal matters revolving around transparency issues, particularly FOIA.

Under FOIA, a denial of record allows a requestor — in this case Grebner — to file an appeal to the head of the public body or to sue in court. Grebner chose to sue.

On Aug. 23, Beauboeuf emailed Grebner reversing the College’s decision to deny him the student directory records he’d requested.

Dear Mr. Grebner,

On or about July 3, 2024, the College denied your request made under the Michigan Freedom of Information Act for certain directory information of LCC students for calendar year 2024. The College reviewed your appeal and decided to reverse its original position. Attached is the information you requested.

J.R. Beauboeuf, Director of Risk Management and Legal Services , email to Mark Grebner, Aug. 23, 2024

Grebner notes he did not file an appeal.

While Grebner now has the documents and records he sought, he says the response doesn’t address the lawsuit. He says in an email to 6 News, “Won’t withdraw the suit unless/until they make an offer I don’t want to refuse.”

LCC spokeswoman Marilyn Twine declined to provide 6 News with Grebner’s alleged appeal of the College’s July 3 denial, or to comment on the case, citing the pending litigation.

For the latest news, weather, sports, and streaming video, head to WLNS 6 News.