4.5-2 PUBLIC RELEASE OF INFORMATION CONTAINED IN UNIVERSITY POLICE INVESTIGATION

Policy

Saginaw Valley State University supports the administration of justice within its campus boundaries by authorizing the University Police Department to carry out law enforcement duties. Furthermore, the Department is charged with the responsibility of investigating all allegations of criminal activity on the campus and has been empowered by the Board of Control to act accordingly, pursuant to Public Act 21 of 1982.

The University supports a policy of general public disclosure of information regarding criminal activity on the campus. The University is a contributor to the Federal Bureau of Investigation's Uniform Crime Reporting program which compiles crime statistics for purposes of public reporting. The University also distributes an annual report within the community describing campus criminal activity and related safety issues, as required by the Crime Security Act of 1990.

The University also acknowledges its responsibility to protect the rights of individuals as information is gathered during the criminal investigation process and during the period of ongoing legal proceedings. This acknowledgment is consistent with the safeguards enumerated in the Family Education Rights and Privacy Act (FERPA), Michigan's Freedom of Information Act (FOIA), and other State and Federal privacy statutes.

Guidelines

Information contained in Saginaw Valley State University police investigatory reports exempt from public disclosure may include the following:

  1. Information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy.
  2. Investigation records compiled for law enforcement purposes, but only to the extent that disclosure as a public record would do any of the following:
    • Interfere with law enforcement proceedings.
    • Deprive a person of the right to a fair trial or impartial administrative adjudication.
    • Constitute an unwarranted invasion of personal privacy.
    • Disclose the identity of a confidential source or, if the record is compiled by a criminal law enforcement agency in the course of a criminal investigation, disclose confidential information furnished only by a confidential source.
    • Disclose law enforcement investigative techniques or procedures.
    • Endanger the life or physical safety of law enforcement personnel.
  3. Records or information specifically described and exempted from disclosure by statute.
  4. Information or records subject to the attorney-client privilege.
  5. Medical, counseling, or psychological facts or evaluations concerning an individual if the individual's identity would be revealed by a disclosure of those facts or evaluations.
  6. Communications and notes within the University or between the University and other public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to a final determination of policy or action.
  7. Records of law enforcement communication codes or plans for deployment of law enforcement personnel, which if disclosed, would prejudice a public body's ability to protect the public safety unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance.
  8. Unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, records of the University Police, the release of which would do any of the following:
    • Identify or provide a means of identifying an informer.
    • Identify or provide a means of identifying a law enforcement undercover officer or agent or a plain clothes officer as a law enforcement officer or agent.
    • Disclose the personal address or telephone number of law enforcement officers or agent or any special skills that they may have.
    • Disclose the name, address or telephone number of family members, relatives, children or parents of law enforcement officers or agents.
    • Disclose operational instructions for law enforcement officers or agents.
    • Reveal the contents of staff manuals provided for law enforcement officers or agents.
    • Endanger the life or safety of law enforcement officers or agents or their families, relatives, children, parent or those who furnish information to law enforcement departments or agencies.
    • Identify or provide a means of identifying a person as a law enforcement officer, agent or informer.
    • Disclose personnel records of law enforcement agencies.
    • Identify or provide a means of identifying residences which law enforcement agencies are requested to check in the absence of their owners or tenants.
  9. Information the release of which would prevent the University from complying with section 438 of subpart 2 of part C of the general education provisions act, title IV of Public Law 90-247, 20 U.S.C. 1232g, commonly referred to as the Family Educational Rights and Privacy Act of 1974 (FERPA). FERPA and accompanying regulations exempt the following from disclosure:
    • Records created by the University law enforcement unit for a law enforcement purpose that are maintained by a component of the University other than the University law enforcement unit.
    • Records created and maintained by the University law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.
    • Education records and personally identifiable information contained in education records that are in the possession of the University law enforcement unit.

Summary

This policy is intended to be a general statement of the University's position on the release of information contained in campus police investigation files. The University reserves the right to evaluate requests for information on a case-by-case basis subject to the specific circumstances of each request. Specific requests for information will be evaluated based upon this policy, applicable Federal and State privacy statutes, the University's commitment to protect individual rights, and the status of legal proceedings.

Questions regarding this policy should be directed to the Chief of University Police or the University Freedom of Information officer.

 

 

Adopted 10/26/95 PRES/VP-ABA