ACLU lawsuit challenges secrecy of Brown police records

SUMMARY

• ACLU lawsuit seeks access to Brown University police records
• Journalists denied arrest reports are plaintiffs in the case
• Most private colleges are exempt from public records laws

A new lawsuit against Brown University has renewed questions surrounding the secrecy afforded many law enforcement officers employed by private colleges and universities across the U.S.

Unlike public campuses, private higher education institutions are largely exempt from disclosing arrest records, incident reports and other documents. This lack of transparency has long raised objections from watchdog groups and open government advocates who say such records are critical to holding law enforcement accountable.

In a recently filed legal challenge, the American Civil Liberties Union of Rhode Island is hoping to make a dent in that practice by arguing that Brown’s police department should comply with the state’s public records law.

So far Brown has declined to comment on the lawsuit, but their attorneys have filed a motion to dismiss the suit.

At Brown, the ACLU is representing two journalists who were denied their public records requests seeking arrest reports made by Brown’s officers. ACLU claims Brown’s campus police operate under state-authorized police powers, which in turn makes them subject to Rhode Island public records law.

Both reporters, one a former Brown student who wrote for the independent university newspaper and the other a reporter with Motif Magazine, filed complaints with the state hoping to appeal their denial. However, the state attorney general’s office issued an opinion siding with Brown police.

Yet even as access to public records on private campuses may be challenging, these schools are subject to some federal disclosure requirements when it comes to crime data.

Under the Clery Act, colleges and universities that receive federal funding are required to collect data on campus crime and notify students of threats — something that the majority of both private and public schools accept. Schools must disseminate an annual security report that includes crime reports and information on efforts to improve campus safety.