Dear Sussex County Community College,

Please accept this electronic request for public records made under the New Jersey Open Public Records Act (OPRA) and the common law right of access. As mandated by N.J.S.A. 47:1A-6(f), I am not required to complete an official form or use any proprietary platform—this email, which contains all required information, constitutes a valid and enforceable government record request.

I HEREBY CERTIFY under penalty of N.J.S.A. 2C:28-3 that I have not been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I FURTHER CERTIFY that the records sought herein will not be used for any commercial purpose, and are not being requested in connection with any legal proceeding.
Please be advised that the prompt and complete production of these records is required by law. The College’s failure to comply, delay, or improper denial will be treated as presumptive evidence of institutional noncompliance and may be referred to oversight authorities, the Middle States Commission on Higher Education (MSCHE), and, if necessary, judicial enforcement.

Records requested:

I hereby demand the immediate production of the following records relating to Sussex County Community College’s accreditation and all communications with the Middle States Commission on Higher Education (MSCHE):

1. All versions, drafts, and final copies of the Supplemental Information Report prepared by Sussex County Community College in response to MSCHE’s request dated May 16, 2025, concerning Standard II (Ethics and Integrity) and Standard VII (Governance, Leadership, and Administration), due June 13, 2025.

2. All correspondence, emails, memoranda, and communications—internal or external—between any employee, trustee, administrator, legal counsel, or agent of Sussex County Community College and any representative or agent of MSCHE, regarding the May 16, 2025 supplemental information report request, its preparation, submission, revision, or content.

3. All Board of Trustees materials, including but not limited to agendas, packets, minutes (including executive session minutes or summaries), notes, or audio/video recordings that reference, discuss, or relate to MSCHE’s May 16, 2025 request, the Supplemental Information Report, or any institutional response to accreditation concerns or findings under Standard II or Standard VII.

4. All attachments, exhibits, data, underlying records, and supporting documents submitted to MSCHE with the Supplemental Information Report, or referenced, reviewed, or relied upon in its preparation, between May 1, 2025 and July 1, 2025.

5. Any legal opinions, consultant reports, or external reviews prepared for, submitted to, or considered by the College or its Board in connection with the SIR or MSCHE’s May 16, 2025 request.

6. All internal complaints, whistleblower disclosures, grievances, and investigations (including those made anonymously or through ethics hotlines) received by Sussex County Community College relating to governance, accreditation, retaliation, ethics, or any conduct potentially relevant to MSCHE Standards II and VII for the past three (3) years.

If any record is withheld, redacted, or claimed exempt, I demand a detailed privilege log (Vaughn Index) for each such record, specifying the nature of the record, the legal basis for each claimed exemption, the date, author, recipient, and a summary sufficient to allow independent judicial review, as required by OPRA and prevailing case law.

This request is made pursuant to N.J.S.A. 47:1A-1 et seq., N.J.S.A. 47:1A-6(f), and the common law right of access. Timely, good faith compliance is both a statutory and fiduciary duty of all public officers and employees.

Failure to strictly comply with the requirements of OPRA, including improper delay, obstruction, or blanket denial, will be treated as a willful violation subject to legal challenge, public disclosure, and potential referral to the relevant accrediting and regulatory authorities.

Yours faithfully,
Government Accountability Project.

Dear Sussex County Community College,

We are following up on our Friday request.

Yours faithfully,

Government Accountability Project

Dear Sussex County Community College,

Please classify this request.

Yours faithfully,

Government Accountability Project

Dear Sussex County Community College,

We emphasize that any institutional evasion, delay, or stonewalling of public accountability obligations is itself probative of governance deficiencies relevant to both the College’s accreditation status and public trust. This record is preserved for online access.

Yours faithfully,

Government Accountability Project

Dear Wendy Fullem,

Thank you for responding. We will await an answer.

Yours sincerely,

Government Accountability Project

Dear Sussex County Community College,

I am writing to request an internal review of Sussex County Community College's handling of my OPRA request 'MSCHE Accreditation Records & Supplemental Information Report | Government Accountability Project'.

A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/msche_ac...

Yours faithfully,

Government Accountability Project

Dear Custodian of Records,

Please accept this follow-up electronic request for public records, made under the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., and the common law right of access. As previously established on this record request, I am not required to use any proprietary form or platform—this email, which contains all required information, constitutes a valid, enforceable OPRA request.

Records Requested:

1. The original correspondence/attachment transmitted by Samantha J. Smith, Accreditation Relations Coordinator, Middle States Commission on Higher Education (MSCHE), on May 16, 2025, at approximately 10:08 AM, addressed to Cory Homer (and copied to Michael Bowden), subject “Important Communication from Middle States Commission on Higher Education,” referenced in the body of said email as:

“Attached, please find correspondence sent on behalf of Michael Bowden regarding developments at Sussex County Community College. Please note that a Commission action associated with this request will be available through the Statement of Accreditation Status in the Institution Portal as well as through the Commission’s website at www.msche.org.”

This request seeks the actual attached document, in full and unredacted, as received by any College official, regardless of whether it is available elsewhere or has been summarized or paraphrased in any subsequent internal or external record.

Scope and Definitions:

“Attachment” is defined as the literal file, PDF, scanned letter, or electronic document that was appended to the referenced MSCHE email and constitutes the official Commission action or notice.

This request encompasses, without limitation, any version of the attachment saved, downloaded, printed, scanned, or forwarded by any SCCC agent, employee, administrator, or Board member.

Responsive documents must be produced in the format in which they are ordinarily maintained, in accordance with N.J.S.A. 47:1A-5(d).

No Redaction or Withholding Permitted:

No OPRA exemption is applicable to this official external correspondence, which is a quintessential “government record” as defined by law. Please produce the attachment in its entirety. If any part of the record is withheld or redacted, you must provide a detailed privilege log or Vaughn Index specifying each claimed exemption and the factual/legal basis therefor.

Certification of Nonexistence:

If, for any reason, you contend that no copy of the requested attachment exists in SCCC’s custody, control, or possession, you must provide a sworn, particularized certification from the records custodian specifying (a) what search was conducted; (b) when, how, and by whom the record was destroyed, deleted, or lost; and (c) the factual basis for such destruction or non-retention, as required by Paff v. New Jersey Department of Labor, 392 N.J. Super. 334 (App. Div. 2007).

Legal Notice:

As previously held by the Supreme Court of New Jersey, the existence of a document on a public website or in summarized form is not a lawful ground to deny direct production under OPRA. See Mason v. City of Hoboken, 196 N.J. 51 (2008).

Preservation of Rights:

This request is made without waiver of any rights under OPRA, the common law right of access, or any other applicable law. All remedies, including summary enforcement and attorneys’ fees, are expressly reserved.

Please acknowledge receipt of this request in writing and provide the responsive record(s) within the statutory period.

Respectfully,
Government Accountability Project.