Azenabor Seeks Restraining Order to Stop UWM From Releasing Records

Anthony Azenabor’s lawyer is asking a judge to restrain the University of Wisconsin-Milwaukee public records office from releasing UWM complaints and decisions about the former professor to student journalists, Media Milwaukee has learned.

The attorney is arguing that Azenabor’s right to a fair trial would be compromised if student journalists receive the documents now. Azenabor is the professor fighting criminal charges that allege he sexually assaulted a student on campus.

Azenabor’s attorney, Odalo J. Ohiko, filed a motion a May 20, 2019 that read in part:

“The requested records are directly related to the…criminal case, with some of the records being verbatim accounts of information contained in discovery. This case is set for Jury Trial in Milwaukee County on August 19, 2019. It has already had considerable pre-trial publicity. Disclosing the requested confidential records will negatively impact his right to a fair trial and impartial jury.”

The former UWM professor was fired on April 30 by the UW System Board of Regents nearly two months after he was accused of three counts of sexual assault against a student.

After his March 2019 arrest, Media Milwaukee filed public records requests for complaints about Azenabor sent to and decisions made by the Office of Equity and Diversity Services at UWM, which investigates complaints made by UWM students and faculty. Media Milwaukee also requested the Provost’s decision and any other decisions from other entities at UWM, like the Faculty Rights and Responsibilities Committee.

Media Milwaukee is trying to learn more about the timeline and how the Azenabor situation was handled internally at UWM as well as ascertain how many complaints have been filed against him throughout his career at the university. The former professor is also facing criminal charges in Milwaukee County Circuit Court, but the UWM internal complaint process is employment-related and separate from the court procedures. Azenabor has entered a not guilty plea in court and declined a previous student journalist’s request for comment.

After his dismissal, UWM Public Records Custodian Kathryn Amato informed Media Milwaukee that the university needed to send Azenabor what is called a “Woznicki” notice to satisfy requirements of state law.

“Pursuant to Wisconsin law, certain record subjects are entitled to receive notice before a record is released,” Amato said. “The record subject is given a period of time to challenge the release of the records.”

In Wisconsin law, the subject in question is given a chance to file a motion within days to withhold personnel documents of the public employee. Azenabor’s attorney, Odalo J. Ohiku, filed on the 10th day.

The Woznick notice requirement originally derived from the 1996 case of a public employee called Woznicki vs. Erickson. “This case established that records held about an individual by a government agency are public records subject to request,” Ballotpedia explains. However, those whose records are requested now had a right to be alerted to the pending release and had to be given a chance to sue to stop it.

The notice provision is now baked into Wisconsin law in some circumstances involving public employees. State statutes read, “Within 10 days after receipt of a notice under sub. (2) (a), a record subject may commence an action seeking a court order to restrain the authority from providing access to the requested record. If a record subject commences such an action, the record subject shall name the authority as a defendant.”

The statutes also explain: “The court, in an action commenced under sub. (4), may restrain the authority from providing access to the requested record. The court shall apply substantive common law principles construing the right to inspect, copy, or receive copies of records in making its decision.”

Azenabor is slated for a jury trial on August 19 at 8:30 a.m. in the Milwaukee County Safety Building.

Azenabor is accused of two felony counts of 2nd degree sexual assault/use of force and one misdemeanor count of 4th degree sexual assault of one of his graduate students in the biomedical science program at UWM. The three instances allegedly happened between March and May of 2018. The accuser says in the criminal complaint she hesitated coming forward immediately in fear of not being able to graduate. A second UWM graduate student has come forward alleging misconduct from Azenabor, although the charges only deal with the first student, the criminal complaint revealed. Media Milwaukee’s policy is to not name sexual assault accusers due to the sensitive nature of the allegations.

Media Milwaukee was able to obtain some records from the public records office previously, such as Azenabor’s course evaluations, which uncovered 17 years of concern from his students regarding his conduct in the classroom.

Since UWM is the subject of the restraining order, the university will be seeking representation of the Department of Justice.

The accusations allegedly occurred during a time frame in which UWM was in the news over sexual assault and sexual harassment allegations against other employees. In some past cases, the Equity and Diversity office investigator and the provost disagreed sharply over those conclusions.