[Vision2020] From Vandal Venue

[Carl Westberg]

Nellis Seeks to Release Records, Commissions Independent Review MOSCOW,
 Idaho – University of Idaho President M. Duane Nellis today directed 
the university legal counsel to seek a ruling from the courts to allow 
the release of personnel information related to former professor Ernesto
 Bustamante. At the same time, Nellis has ordered an independent review 
of the institution’s policies and procedures in the aftermath of this 
week’s homicide-suicide in Moscow to ensure that the university 
maintains the highest safety and security standards. The university also
 today released a detailed chronology of its interaction with graduate 
student Katy Benoit. “This tragic situation has brought a 
profound sadness to our entire community,” said Nellis. “And while 
incidents of violence like this are very rare in Moscow, even one 
tragedy is too many. We must continue to do everything we can to protect
 our students and our campus community; for that reason, I am asking for
 an independent review of the university’s policies and procedures to 
ensure that we are doing the very best job we possibly can.” Nellis
 also has reaffirmed that the university is committed to full public 
disclosure of all related documents, as it gains authority to release 
them. A review of the Family Educational Rights and 
Privacy Act has found that the confidentiality of student records does 
not extend beyond the life of a student. However, Idaho’s 
public records law concerning employee records do seem to extend after 
death. To clarify how the public records statutes should be applied to 
this situation, the university will ask for a legal determination from 
the courts regarding what records it could release related to 
Bustamante. Nellis and Bruce Pitman, dean of students, 
have spoken directly with the family of Katy Benoit, who was killed off 
campus Monday evening, to share their personal condolences and those of 
the university community. They have made university resources available 
to the family. Details of a Moscow campus memorial are still pending.  A
 memorial service and funeral for Benoit will take place in Boise on 
Tuesday, Aug. 30, at 4 p.m., at Boise High School, 1010 W. Washington. “Our
 hearts and prayers go out to the family of Katy Benoit,” said Nellis. 
“We understand their desire to have a full accounting of the 
circumstances that led to Katy’s death. I intend to do everything I can 
to answer their questions. A tragedy has occurred and we all want 
answers.” The university will outline the independent review process in the coming days. The university maintains its crime statistics online and last year, it ranked as the 36th safest campus in the nation. The
 University of Idaho continues to cooperate fully with the Moscow Police
 Department. It is providing documents with possible relevance to the 
case to the police as part of MPD’s ongoing investigation of the case. Here
 is a timeline for the university’s interactions with Katy Benoit. This 
does not include any information from the perspective of Bustamante’s 
personnel record. June 10, 2011:  University’s first 
contact with Benoit to discuss a complaint.  Based on allegations, the 
university urged Benoit take safety precautions and that she contact 
Moscow Police Department (MPD). University provided Benoit with personal
 contact information for MPD and Alternatives to Violence of 
the Palouse (ATVP) for assistance beyond those the university could 
provide. University also contacted Moscow Police Department directly. June 12, 2011:  University received details of Benoit’s complaint in writing. June 13, 2011:  Benoit sends e-mail indicating she had contacted MPD. June 13, 2011: University replied to Benoit again urging her to also contact ATVP. June
 14, 2011:  Benoit sends e-mail to university saying she does not want 
Bustamante served with her complaint at this time before discussing it 
further. She indicates she will come in the next day. June 16, 2011:  When Benoit did not come in on June 15, the university sent an e-mail to her to encourage the follow-up meeting. June
 30, 2011:  University receives e-mail from Benoit apologizing for being
 out of touch. Benoit writes she had been out of town and would be gone 
again the next week. July 6, 2011:  University 
informed Benoit by e-mail that her complaint had been sent to Bustamante
 along with a letter detailing the possible university policy 
violations. It had been held until this date at her request.  The 
university reiterated the importance of seeking more help, including 
calling police if Benoit ever felt the need.  She was also told that 
Bustamante had been directed by the university to have no contact with 
her. Benoit was told to inform the university immediately if Bustamante 
did attempt to contact her. July 9, 2011:  Benoit e-mails university to say she is out of town until July 13. July
 14, 2011:  University Threat Assessment Team, including Moscow Police 
Department representative, meets to assess the level of the safety risk 
for Benoit and others involved in the investigation. July
 14, 2011: University investigators met with Benoit to review 
Bustamante’s response and notify her that university investigators would
 interview Bustamante on July 19. This was considered a high-risk point 
so recommendation was made she stay somewhere other than her apartment 
to avoid contact. July 22, 2011: University 
called Benoit to ask where she would be until the start of school.  She 
said she would be in Moscow. University encouraged her to continue to 
take safety precautions, including contacting MPD. August
 22, 2011:  University met with Benoit to inform her that Bustamante’s 
last day of employment was August 19.  She was cautioned to remain 
vigilant and get assistance from the police and others if she had any 
safety concerns. University also encouraged Benoit to remain in contact 
with university representatives and to take advantage of university 
support services.  		 	   		  
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