Sexual Assault reports for Harvard University under Clery Act

Chelsea Dickens filed this request with the Cambridge City Clerk of Cambridge, MA.
Status
Rejected

Communications

From: Chelsea Dickens


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All documents pertaining to sexual assault police reports on Harvard University Cambridge Campus, as well as all police reports pertaining to Dating Violence on the campus of the same name.

Here are their definitions for reference:
Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

(i) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(ii) For the purpose of this definition –

(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(B) Dating violence does not include acts covered under the definition of domestic violence.

(iii) For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Chelsea Dickens

From: Cambridge City Clerk

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From:

We have received your request for sexual assault reports for Harvard University and other associated reports. Unfortunately, these reports are protected under MGL c 41, s. 97D so we will not be able to provide them to you per your request.

Thank you

Sgt. Susan Kale

From: Muckrock Staff

To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.

From: Cambridge City Clerk

Dear Chelsea Dickens,

It appears that this request was routed to the wrong email address by Muckrock.com, and never received by our office. This error has now been taken care of, and I have received your request and will enter it into our system for a response.

Thank you,

Seah

Seah Levy
Public Records Access Officer
City of Cambridge, Law Department
City Hall, 795 Massachusetts Avenue
Cambridge, MA 02139
(617) 349-4121 | Fax: (617) 349-4134
slevy@cambridgema.gov<mailto:slevy@cambridgema.gov>

From: Cambridge City Clerk

As you can see we responded to your request on Jan 17, 2019.. See my response as you scroll down.. These reports are protected under MGL c41,97D so you will not be able to obtain them.

Sgt. Susan Kale

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