POLICY & RECORDS ADMINISTRATION
VIA ELECTRONIC MAIL

9500 GILMAN DRIVE
LA JOLLA, CALIFORNIA 92093-0014
TELEPHONE: (858) 534-2552
FAX: (858) 534-6523

August 15, 2019
Abenicio Cisneros, Esq.
Law Offices of Abenicio Cisneros
2443 Fillmore Street, #380-7379
San Francisco, CA 94115
Dear Mr. Cisneros,
This letter pertains to a current writ petition case that is pending in the Superior Court for the County
of San Diego that arises out of public record act requests sent by your client, Ethan Coston, to the
University of California, San Diego campus (“UCSD”) under the California
Public Records Act (“CPRA”). Pursuant to a settlement agreement in the above referenced case, the
campus has agreed to provide this letter for two purposes: (1) to affirm that Alan Labotski was the
respondent in the attached Title IX report; and (2) to provide information to you and your client that
explains the efforts expended by UCSD to search for documents and respond to the public record act
requests made by your client.
Title IX Report
Pursuant to the settlement agreement in this matter, the University has agreed to un-redact certain
portions of the attached Title IX report that were originally redacted to protect the identification of
the Respondent, Alan Labotski. For a number of reasons, including that Petitioner is aware of Mr.
Labotski and his involvement with this investigation and considering Mr. Labotski is no longer
employed by the University, the University no longer needs to protect his identity. This letter
confirms that even though the attached Title IX report does not mention Mr. Labotski by name, he
was the respondent and focus of the investigation.
Response to Underlying CPRA Requests
The first CPRA request that is the subject of the above referenced writ petition was submitted by Mr.
Coston on April 11, 2018. That request sought copies of any “Title IX and Personnel Records related
to Alan Labotski, former Operations Manager at the UC San Diego Bookstore.”
Before UCSD could respond to the first request, Mr. Coston submitted another CPRA request on
April 22, 2018 for “all documents related to Title IX Investigations from January 2016 to May
2018,” which included the Title IX report for which Mr. Labotski was the respondent. During that
time period, UC San Diego received several other requests for Title IX Investigation reports. Records
of Title IX investigations, including the Title IX report that pertained to Mr. Labotski, were released
to Mr. Coston on June 27, 2018. That production mirrored the releases of records produced to other

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individuals who had made similar records requests. Prior to releasing these records to Mr. Coston,
Policy & Records Administration reached out to the record holders to confirm that there were no
additional disclosable responsive records. This included getting confirmation from HR Employee
Relations that Mr. Labotski’s personnel file did not contain any additional documents responsive to
the April 11, 2018 request.
On July 16, 2018, Mr. Coston submitted a CPRA request for “[a]ll records relating to charges or
misconduct complaints against Alan Labotski, former employee of the UC San Diego Bookstore,
which resulted in any disciplinary action or in a finding of responsibility. Regardless of any
disciplinary action or finding of responsibility, records reflecting the number and nature of all
complaints received involving the conduct of Alan Labotski, including, but not limited to, any
complaints that could be characterized as alleging sexual harassment or sexual misconduct, or any
record where Alan Labotski is named as the respondent in a Title IX investigation.” Policy &
Records Administration again reached out to HR Employee Relations who conducted an addition
search and confirmed there were no documents related to complaints of misconduct in Mr. Labotski’s
personnel file.
On October 29, 2018, Mr. Coston submitted two CPRA requests to UCSD. The first request sought
“[e]mails between former UC San Diego Bookstore operations director Alan Labotski and bookstore
director Tom Bonetati from July 1, 2017 to January 31, 2018.” The second request sought “[e]mails
to or from UCSD bookstore director Tom Bonetati pertaining to the OPHD investigation of Alan
Labotski, including, but not limited to, bookstore internal communications and communications with
OPHD.” Policy & Records Administration confirmed that Mr. Labotski’s email messages had been
purged from the system when he was no longer employed by the University pursuant to the
University’s document retention policy. Policy & Records Administration also reached out to Tom
Bonetati to request that he produce responsive records. Mr. Bonetati signed a release that allowed IT
to access his emails. IT accessed and duplicated his email box and sent a copy to Policy & Records
Administration. Policy & Records Administration conducted a search of Mr. Bonetati’s email using
the search term “Labotski.” A review of the contents following that search resulted in a
determination that there were no responsive records to either of the requests, submitted on October
29, 2018.
Compliance with Settlement Agreement
With the sending of this letter, the University has complied with the portion of the Settlement
Agreement in connection with the above referenced writ petition case.
Sincerely,

Paula J. Johnson
Director
Cc: John Gherini
Attachment

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