In many places, the language of FOIA does not require the release of information but instead merely allows it. Attorneys disagree about what the act's major flaws are. Helle said Thompson weakened the act when he deleted the criminal penalty for withholding information, and the absence of penalties for withholding information has left public bodies with no incentive to release public records. Craven thinks the problem lies elsewhere. In many cases, by the time public bodies get around to releasing information, it may no longer be of significant public interest.
Colleges are by far the most difficult entities to get records from.
As outlined in the University's student code, students can get their own academic and disciplinary records. Parents have access only when the student grants written permission. Various other University staff and administration have different levels of access to records. For example, if a faculty member came to the dean of students with questions regarding a student's threatening behavior in class, the dean can release information to the faculty member. Likewise, alleged perpetrators have full access to the allegations leveled against them.