An Elon senior filed suit against Elon University and N.C. Attorney General Roy Cooper for withholding Campus Safety and Police records concerning the arrest of a student last year.

Nick Ochsner, a reporter for Phoenix14 News, Elon's student television news program, filed the lawsuit April 13, 2011.

"I filed the lawsuit because I believe that the documents I am seeking are public records," Ochsner said.

Ochsner said he was trying to obtain an arrest narrative, a document that describes the events surrounding an arrest.

"(Campus Safety and Police's) practices subvert state law and I believe that the state public records law intends for the information that I am seeking to be public," he said.

This is not the first time records have been withheld, he said, and about half of the police departments across the state do not release the records.

Dan Anderson, director of University Relations, released a statement concerning the pending litigation.

It states:

 Elon University is surprised that this case moved to litigation despite the best efforts by the university and its attorneys over the past year to respond to this student's request for records concerning the arrest of another student. The university has made every effort to balance the interest of transparency while maintaining its mission as a private educational institution that is mindful of its obligation to protect student interests.

Elon University understands that North Carolina law does not require independent universities and their campus safety and police forces to release all of their detailed criminal investigation records or notes. However, Elon's campus police office has made it a general practice to provide to the public its arrest reports and the information from its criminal investigation reports that is identified by statute as public record for public law enforcement agencies. That is what the university provided to Mr. Ochsner in this case. These contain the information required by open records laws to be released by public law enforcement agencies, and Elon did so voluntarily even though it does not believe it was required to do so.

A Campus Safety and Police arrest report shows former student, Stephen Connors, was arrested and charged with misdemeanor underage consumption of alcohol and misdemeanor resist, obstruct and delay of arrest on March 5, 2010.

According to lawsuit documents, Ochsner requested public records regarding the time, date, location, nature of violation and circumstances surrounding the arrest, among other items concerning Connors' arrest. (Read the full court document HERE)

Campus Safety and Police denied Ochsner the records and he filed public records requests with the counsel for Elon University and the North Carolina Attorney General's Office, according to the lawsuit. A copy of the public records request letters sent by Ochsner was attached with the court papers. Both requests were denied, according to the documents.

The lawsuit states it hopes a judgment be made "in favor of plaintiff (Ochsner) against defendants Elon University and the North Carolina Attorney General for violation of the North Carolina Public Records Law."

Ochsner is also seeking payment for all fees, costs and attorneys' fees and for Elon University to provide the sought after documents.

Ochsner is represented by Ashley Matlock Perkinson of Perkinson Law Firm and was given a grant from the Society of Professional Journalists to pursue this lawsuit.

Stay with The Pendulum as more information becomes available.