MUPD changes record-keeping process

The Marshall University Police Department has changed the way it maintains its logs, changing from keeping two binders to providing information in one combined book.

Previously, the MUPD maintained two separate report binders: one book contained detailed incident reports and was available to individuals authorized by Marshall University Director of Public Safety James Terry. The other book, available to the public, contained information required for the department to update and make available under the Clery Act.

The Clery Act is a federal statute that requires universities participating in federal aid programs to maintain and disclose crimes on and near their campus. Under the act, universities and their police departments are required to maintain a public log containing the nature, date, time and general location of all crimes reported to the department.

Terry said they decided to make the changes after what he called "a confusion" led to a Parthenon reporter being unable to access a Clery Act binder in October.  The reporter — who had access to the book containing detailed reports — requested information under the Clery Act regarding an alleged double sexual assault and was told that no such book existed. The incident report was withheld from the other book until the investigation was completed, which Terry said was done to "protect the integrity of (his) investigation."

Terry's decision garnered criticism from Frank LoMonte, executive director of the Student Press Law Center, who said that although some information is allowed by law to be redacted, a narrative of the report should have been released.

Now, both information required under the Clery Act and incident reports are kept in one binder that is available to anyone who requests it.

Terry said he thought the changes were an improvement and will provide the public with access to more information than was available to them in the past.

Adam Goldstein, an attorney advocate with the Student Press Law Center, said combining the two books puts Marshall's police department on par with police departments at other universities.

"Most universities only maintain one set of logs," Goldstein said. "There are very few institutions that have kept a separate Clery log from the log they actually use operationally. It was so massively deviant from the standard practice.

"It's a great indication of an intent to be compliant (with the law)."  

Another change made was the decision to redact personal information about complainants.

"Everything's still there, except any identifiers," Terry said.

According to West Virginia Code, "records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement" is exempt.

Goldstein said in situations that are not exempt under state code, personal information — including that of victims — is required to be available to members of the public.

Terry said the department is considering making additional changes to its record keeping, such as making the information available on its website.

Goldstein said if the department chooses to make records available online, they will have to be posted within 48 hours and go back at least seven years.

Terry said that although the department is exploring the option, he did not know when or if the department would begin to make records regularly available online.

Sam Turley can be contacted at turley60@marshall.edu.