By ELIZABETH VALENTIN
Staff Writer
SERIAH SARGENTON
Staff Writer
Nearly a year after an alleged sexual assault took place on The College of Saint Rose campus in April 2016, little information regarding the case has been disclosed to the public.
The story of the assault of a Saint Rose student at Centennial Hall on Madison Avenue on April 27 was heavily reported by local news organizations. Saint Rose’s security department and the Albany Police Department each circulated statements regarding the incident that allegedly took place at approximately 3:40 that morning.
The College and the Albany Police Department reported that a Saint Rose student was allegedly sexually assaulted and treated at Albany Medical Center Hospital.
Since a press conference that was held after the alleged incident, no additional information had been released, despite requests for the incident report and camera footage of the incident.
Student journalists filed a request for the incident report and a copy of the footage under the Freedom of Information Law. Students were not interested in the identity of the victim, rather details of the incident and any investigation. The city denied the requests on Oct. 26, 2016. The city also rejected an appeal of that denial on Nov. 18, 2016.
Attorney Andrew Woods claimed in the denial of the appeal that release of the documents would violate the confidentiality of the victim. Woods also noted that the appeal was not made in timely manner.
“There is certainly no ‘privacy interest’ in a surveillance video, because what you look like walking down the street is not a matter of ‘student privacy’ and in fact the New York courts have said that a surveillance video is a public record and not a student educational record,” said Frank LaMonte, executive director of the Student Press Law Center.
Certain types of information, including the police incident report, in which the officer responding to the event writes down the basic facts of what occurred should immediately be made available to the public, according to LaMonte.
In an email, LaMonte said that there is no reason to continue secrecy. He explained that because it has been a year since the incident and nothing has been solved, the case is cold. He also stated that the police should be open with the public about what they know and the status of the case.
According to the original email sent by the College, the video clearly shows the suspects, not the victim. This means the video should be available to the public, according to Robert Freeman, executive director of the Committee on Open Government.
The two sections of the law referenced in the appeal denial do not relate to the information requested. Freeman explained that the email sent out by Dennis McDonald, vice president of student affairs at Saint Rose, clearly states that the video does not show the victim.
LaMonte explained that if the suspects are at large, the footage should be released.
In addition, Freeman said that there is little reason that the footage is not being released because it would benefit the Albany Police Department in their search for the suspects.
The footage requested by the student reporters would have no bearing on the victim, but could potentially reveal the identities of the suspects, Freeman said.
The points provided by Freeman and LaMonte invalidate the two sections mentioned in Wood’s letter, as the footage would in no way infringe on the privacy of the victim or cause unwarranted identification.
Earlier this month, college officials declined to reveal the status of the case. Both McDonald, and Steve Stella, head of Saint Rose security, individually responded to inquiries from student journalists with the same email:
Thank you for contacting me. With respect to the incident you referenced, The College offered various accommodations and services to the student, as we would any student in similar circumstances, including counseling, security escorts, and academic assistance. The matter also was referenced to the Albany Police Department for investigation. Please contact APD if you have questions about its investigation.
Stella was contacted again in the search for information regarding the alleged incident. “We don’t believe that there is a threat to anyone. If we did, we would be required to inform the campus, and that’s by federal law.”
Although the College is a private institution, they still receive federal funding. Under education 129-B, any university that receives federal funding is required to adhere to the Title IX guidelines. These guidelines include prohibiting sexual discrimination on campus, ensuring that that there are steps for handling complaints about sexual discrimination, harassment or violence, according to Michelle Carroll, director of campus projects at the New York State Coalition Against Sexual Assault. Carroll said that any crimes involving students must be reported under the Clery Act.
