In re Subpoena Issued to Smith

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 Xavier University was not ordered to keep the fact or scope of the subpoena secret. The student was given notice of the subpoena. The student has filed no motion to quash or modify the…