Montana Supreme Court orders lower court review in case U. of Montana student

The Montana State Supreme Court has ordered a lower court to review the disciplinary records related to a former University of Montana student and determine which, if any, can be released to author Jon Krakauer.

In an opinion released Monday, the court both affirmed in part and reversed in part a previous order by Lewis and Clark County District Court that all the records be released. The Montana Supreme Court said that while the District Court had correctly ruled Krakauer, who lives in Colorado, could make the request under Montana’s right to know law, the student’s education records have a heightened level of privacy protection that the lower court needed to balance with that right.

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