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PR 16-16 Smith v. The Compass School Violation

The Complainant made an APRA request to the School seeking six (6) categories of documents. The School acknowledged the APRA request and indicated that information was being gathered. Upon receipt of a records request, a public body is obligated to respond in some capacity within ten (10) business days, either by producing responsive documents, denying the request with a reason(s), or extending the time period necessary to comply. See R.I. Gen. Laws 38-2-7, 38-2-3(e). The School violated the APRA when it failed to timely and completely respond to the APRA request. The School provided absolutely no response to categories 1, 2, or 3, provided no response to portions of category 6 and provided the documents to category 5, but did so in an untimely manner. After reviewing all the evidence presented, we have grave concerns regarding the School's untimely response and whether such omission should be considered knowing and willful, or alternatively, reckless. A supplemental finding will be issued.

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