BYU wanted it both ways. The school argued that its standing as a private institution meant that its police department was not subject to the transparency laws other Utah police departments must follow. The department has had all the powers of a police department, including the authority to stop, frisk and arrest people, but without having to comply with public requests for records about how they are operating. It is, in essence, a secret police force.
Scott’s decision came Friday in a two-year-old lawsuit filed by The Salt Lake Tribune. Reporters had been stonewalled in their requests to the police department for records related to its handling of sexual assault investigations on campus.