A Fayette Circuit Judge heard arguments on March 25 from the Kentucky Kernel and the University of Kentucky on their motions regarding an open records lawsuit.

UK denied an open records request filed by the Kernel as part of an investigation of residence hall visitation protocol compliance following Chase McGuire’s arrest for the alleged rape and strangulation of a UK student in her residence hall.

The Kernel was denied the records a second time after they asked UK to reconsider their decision. The Kernel filed a lawsuit in response.

Mcguire’s case was dismissed on March 18 after a grand jury did not find there to be “enough evidence” to indict McGuire.

Michael Abate, the Kernel’s attorney, asked for a declaration that the Open Records Act of Kentucky was violated, the Kernel be given the requested records and that the court state that UK violated the act willfully.

Carmine Iaccarino, the defense attorney representing the university, argued privacy concerns for UK and its students, having visitors in their residence hall room is a “core privacy association activity” that should be protected.

Circuit Judge Thomas Travis said he will review the provided arguments and issue a ruling within 30 days.

“We’re confident that at the end of the day the courts will ultimately find that this was a violation of the Open Records Act and affirm that the public, students, journalists and anyone has the right to ask questions of the university in such a high profile case where a student is alleged to have been assaulted on campus,” Abate said.