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CLM-2025-001: Hearing Record Characterization Discrepancy

Claim: The characterization of the hearing may not match the documented record.

Type: Characterization

Status: Approved


Evidence Summary

This claim summarizes concerns about whether official characterizations of the December 11, 2023 dismissal hearing match the contemporaneous documentation. The claim is intentionally hedged ("may not match") because the hearing recording has not been produced.

Primary Evidence

Document Relevance
DOC-20251006-001 Preservation notice requesting hearing recording
DOC-20251007-004 Right to respond request regarding hearing recording integrity

Supporting Procedural Facts

  1. A preservation notice was served on October 6, 2025
  2. A "right to respond" request was submitted October 7, 2025
  3. A FERPA request for hearing recording was filed December 14, 2025 (Thread 37)
  4. A FERPA complaint was filed with DOE December 19, 2025 (Thread 38)

Unknowns / Pending

  • Complete hearing recording not yet produced
  • Official transcript of proceedings pending FERPA/TPIA response
  • Committee deliberation notes pending TPIA response

Alternative Explanations

  • FERPA regulations may legitimately restrict access to recordings containing information about other students
  • The discrepancy could be a matter of interpretation rather than factual disagreement
  • Processing delays may explain the lack of production
  • Privacy considerations may require redaction before production

Verification Steps

An independent reviewer could:

  1. Request access to the hearing recording under FERPA
  2. Compare any produced recording to available contemporaneous notes
  3. Review the FERPA complaint filed with DOE (Thread 38)
  4. Check the Process Dashboard for current status

As of: 2025-12-21

Approved by: Kevin Bass

Notes: Grandfathered existing published content from Record vs. Reality page. No substantive change from published version.

Published:  ·  Last updated:

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