25FC:011 Robert Alvarez v. the University of Iowa - Investigative Report and Probable Cause Order

The Iowa Public Information Board

COMES NOW, Alexander Lee, Agency Counsel for the Iowa Public Information Board (IPIB), and enters this Investigative Report:

On August 20, 2025, Robert Alvarez filed formal complaint 25FC:0112, alleging that the University of Iowa (University) violated Iowa Code Chapter 22.

The IPIB accepted this Complaint on October 16, 2025.

Facts

On July 3, 2025, the complainant, Robert Alvarez, submitted a Chapter 22 request seeking certain email records of a professor emeritus at the University of Iowa. The University denied the request, asserting that the professor’s email records were not considered public records of the University due to his emeritus status. On July 20, Alvarez attempted to appeal the denial, but he alleges that his appeal was ignored.

On August 20, 2025, Alvarez filed formal complaint 25FC:0112, arguing that the professor’s public-facing work done on behalf of the University or as a representative of the University created public records for which the University was lawful custodian.

While the complaint was accepted on October 16 based on IPIB’s facial review standards, IPIB has not been in communication with Alvarez since his last email on September 2, 2025, shortly after the complaint was opened. IPIB staff have made multiple attempts to reestablish contact with Alvarez, both by email and by phone, but none have been successful.

Analysis

Although the complaint has been accepted on its merits, no further investigation has been conducted, and the University has not been given the opportunity to provide a briefing on the issue. The complainant has constructively abandoned the complaint by failing to respond to multiple follow-up emails in a period of over two months following the initial submission. As there is no longer a requester actively seeking records, the matter is now moot.

In dismissing this complaint, IPIB does not make any findings as to whether the email records sought were subject to Chapter 22 as public records.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report:

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

It is recommended that the Board dismiss the matter as an exercise of administrative discretion without making a probable cause finding, as the complainant has abandoned the complaint and is therefore no longer actively seeking the disputed records.

By the IPIB Agency Counsel,

_________________________

Alexander Lee, J.D.

CERTIFICATE OF MAILING

This document was sent on November 13, 2025, to:

Robert Alvarez, Complainant

University of Iowa, Respondent

The Iowa Public Information Board

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:

☒a. Redirect the matter for further investigation;

☐b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

☐c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

☐d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Catherine Lucas

CERTIFICATE OF MAILING

This document was sent on November 13, 2025, to:

Robert Alvarez, Complainant

University of Iowa, Respondent