An investigation into the Dean of Students office by the Office of the Secretary of the Commonwealth of Massachusetts has commenced the process of appealing the University’s response to a public records request about a relatively-unknown campus committee that seeks to identify and help students who could potentially pose a threat to themselves or others.

The Massachusetts Daily Collegian called for the appeal investigation under the Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10) after the University refused to disclose documents from the Dean of Students office requested March 24, 2010 in a Freedom of Information Act (FOIA) public records request.

The documents in question concern the University’s practices pertaining to the Assessment and Care Team (ACT), as well as judicial proceedings and outcomes.

ACT was established in the summer of 2007, in response to the April 2007 shooting at Virginia Polytechnic Institute and State University. According to an ACT brochure, the committee “focuses on students who may pose a threat to themselves or others, taking action to help the individual and protect campus safety.”

ACT meets once a week to “discuss students whose behavior was reported as a threat to their own safety, or students who are distressed or in distress,” said Dean of Students Jo-Anne T. Vanin, who is also chair of ACT.

ACT members include Vanin, Office of the Dean of the Graduate School representative David Lafond, Director of Administrative Services of the Graduate School Susan Chinman, Associate Director of Housing Services and Residential Life Laura Giles, Associate Director of Operations of Disability Services Ben Ostiguy, Director of the Center for Health Promotion at University Health Services Sally Linowski, Ombudsperson Catharine Porter, Associate Dean of Undergraduate Advising Kregg Strehorn, Office of Faculty Development Mary Deane Sorcinelli, Chief of Police Johnny Whitehead and Director of Mental Health Dr. Harry Rockland-Miller.

The documents requested were “Any formally or informally recorded list of students who have been deemed a threat to themselves or others compiled by the University’s Assessment and Care Team (ACT) and/or used by ACT,” as well as, “Any formally or informally recorded information from all of ACT’s meetings this academic year, dating back to September 1, 2008 and through the most recent meeting.”

The lists and recorded information from ACT meetings were declined because the University is legally prohibited under the Family Educational Rights and Privacy Act (FERPA), the Massachusetts Fair Information Act and clauses twenty-sixth (a) and (c) of Section 7 of chapter 4 of the Massachusetts General Law.

However, with the assistance of Massachusetts Project Sunshine Chair from the Society of Professional Journalists (SPJ), Stephanie Vosk, FERPA has been deemed inapplicable in this request, facilitating grounds for appeal.

According to a 1998 FERPA amendment, colleges and universities are not prevented from speaking about disciplinary matters if those matters involve a violent offense and if the accused student is found to be in violation of the school’s conduct code.

The documents, or at least portions of them, which were withheld, can legally be disclosed under the Massachusetts Public Records Law because the documents requested fall under the FERPA exemption (20 U.S.C. 1232g(h)(1)) regarding the disclosure of disciplinary records that states, “Nothing in this section shall prohibit an educational agency or institution from: (1) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.”

University officials have verbally denied the existence of any such list of students reviewed during ACT meetings. However, Vanin contradicted this denial in her response to the records request stating, “I decline to provide you the lists and recorded information from ACT meetings you request.”

The Collegian also received confirmation from UMPD Police Officer Randy Kershaw that a list exists.

According to Attorney Rebecca S. Murray, a staff attorney at the Office of the Secretary of the Commonwealth, the Office has contacted the Dean of Students’ office and is in the process of requesting an index of the records that were requested. The Supervisor of Records, Alan Cote, will render a decision on the public status of the records in the coming months.

Hannah McGoldrick can be reached at [email protected].