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IN RE SUBPOENA ISSUED TO SMITH

No. M09-0967.

155 Ohio Misc.2d 46 (2009)

2009-Ohio-7086

IN RE SUBPOENA ISSUED TO SMITH, Dean of Students, Xavier University, Seeking Certain Student Records.

Court of Common Pleas of Ohio, Hamilton County.

Decided September 4, 2009.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Clay Tharpe, Assistant Prosecuting Attorney, for the state.

METZ, Judge.

I. FACTS

{¶ 1} This case concerns a subpoena issued April 23, 2009, to Luther Smith, the Dean of Students of Xavier University, for the production of certain documents that may be student records. The subpoena was issued by the Clerk of Courts for the Hamilton County Grand Jury and was "issued for a law enforcement purpose," as anticipated by the Family Educational Rights and Privacy Act ("FERPA").1

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