Mass. Supreme Court Exempts Harvard Campus Police from Open Records Laws
In a significant ruling, the Massachusetts Supreme Court has decided that Harvard University's campus police are exempt from the state's open records laws. Meanwhile, in Rhode Island, the American Civil Liberties Union (ACLU) is pushing for transparency from Brown University's police department, arguing they should comply with the state's public records law.
The ACLU is representing two journalists who were denied access to arrest reports made by Brown's officers. A former Brown police officer has expressed concerns about the department's culture of limiting negative attention about the university. Students at Brown are also calling for greater transparency about arrests on campus.
While colleges and universities are subject to some federal disclosure requirements under the Clery Act for campus crime data, private higher education institutions are largely exempt from releasing arrest records and other documents, unlike public campuses. This exemption has been challenged in a new lawsuit against Brown University, which argues for increased transparency regarding law enforcement officers employed by private colleges and universities in the U.S.
The ACLU's lawsuit against Brown University, filed in 2021, seeks to shed light on the secrecy surrounding private university police departments. Despite having the same arrest powers as other police officers in the state, Brown's officers have thus far been exempt from public records laws. The outcome of this legal battle could set a precedent for transparency in private university policing across the country.
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