Request #2023-0222 (Malden, MA - School)

Request for public records made to City of Malden by Marina Villeneuve.

Agency

City of Malden

Summary

To Whom It May Concern:   Pursuant to the Massachusetts Public Records Law, I hereby request the following records:   This letter constitutes a request pursuant to the Public Records Act, M. G. L.c.66, §10, for public records in the custody of your school department.   Boston 25 Investigates is investigating the extent of sexual abuse in Massachusetts public K-12 schools, given data showing MA has one of the highest rates of rapes/attempted rapes per-capita in the nation.   Schools are already required to report reports of sexual assault. According to U.S. Civil Rights Data Collection data for 2017-2018, MA had the 3rd highest rate of rape or attempted rape at schools in the country: with 45 in documented instances on school grounds in total.   Massachusetts schools are also required to report suspected abuse of students by a school employee immediately to DCF and to police if the incident may involve criminal violations.   Schools are also required to report educator misconduct to the Commissioner of Elementary and Secondary Education.   Schools also report instances of student discipline for sexual assault to the state.   To the extent that you determine that records need to be redacted in order to be produced under any law protecting the privacy of named individuals, please do so rather than withholding them in their entirety.   We are looking to see how often schools are getting reports of sex abuse of public-school students by school employees and sex assault by students.   I request the following public records, as defined in M. G. L.c. 4, § 7 (twenty-sixth): An extract of your records management system or database that includes every report of suspected sexual abuse of public K-12 students from September 1, 2017 to present (up until the day records are produced) only in cases of abuse perpetrated by a school employee. Specifically, I request an extract of the database to include the following columns: Date report made Time report made School name Location of alleged abuse Whether the investigation is open Whether the alleged perpetrator is a teacher or student Sex of alleged perpetrator Age of alleged perpetrator Gender of alleged perpetrator Sex of alleged victim Age of alleged victim Gender of alleged victim Whether the alleged perpetrator was arrested Name of alleged perpetrator if arrested/convicted Name of referred law enforcement agency, if applicable Whether the alleged perpetrator was transferred to another school Whether the alleged perpetrator is still teaching at the school   An extract of your records management system or database that includes every report of sexual assault of public K-12 students from September 1, 2017 to present (up until the day records are produced) only in cases of sexual assault perpetrated by a student. Specifically, I request an extract of the database to include the following columns: Date report made Time report made School name Location of alleged abuse Whether the investigation is open Whether the alleged perpetrator is a teacher or student Sex of alleged perpetrator Age of alleged perpetrator Gender of alleged perpetrator Sex of alleged victim Age of alleged victim Gender of alleged victim Whether the alleged perpetrator was arrested Name of alleged perpetrator if arrested/convicted Name of referred law enforcement agency, if applicable Whether the alleged perpetrator was transferred to another school Whether the alleged perpetrator is still teaching at the school If such an extract of the database in question 1 is not possible, please provide each report of alleged sexual abuse of students by a school employee in the time period from September 1, 2017 to present (up until the day the records are produced). If such an extract of the database in question 2 is not possible, please provide each report of sexual assault of students by other students from September 1, 2017 to present (up until the day the records are produced). A list of school employees found to have committed sexual abuse from September 1, 2017 to present in cases where sexual abuse was documented – this list should include names, titles and whether the employee is currently employed at the district. Any records instructing or informing school personnel of, or otherwise describing, data reporting requirements and procedures for reporting sexual abuse of students by school employees or other students.   As this request involves a matter of public interest and will not be used for any commercial purpose, we ask that all fees associated with this request be waived pursuant to 950 C.M.R. 32.07(2)(k).   I am a member of the news media and this request is related to news gathering purposes. This information is not being sought for commercial purposes.   If there are any fees for searching or copying these records, please inform me if the cost will exceed $20.  However, as a reporter for Boston 25 Investigates, I would also like to request a waiver of all fees pursuant to 950 C.M.R. 32.07(2)(k) in that the disclosure of the requested information is in the public interest.   The purpose of this request is to determine whether schools are properly reporting and investigating all allegations of sexual abuse. The public has an interest in knowing whether public servants are carrying out their duties in an efficient and law-abiding manner, and whether teachers found to have committed sex abuse are teaching in other schools.   Finally, pursuant to 950 C.M.R. 32.07(2)(i), a records access officer shall assess no fee greater than the lowest hourly rate of a person capable of compiling, segregating, redacting and reproducing a requested record. In the event that a charge is incurred for this request which you will not waive, please so indicate and include an itemization of estimated good faith costs.   Please provide public records to a requestor in an electronic format unless the record is not available in an electronic format. M. G. L.c 66, § 6A(d).   The Public Records Act requires that you comply with this request within ten (10) business days following receipt.   If you believe that documents or data responsive to any request herein is not public record and thus not subject to disclosure, please set forth in writing the specific reasons for such assertion, including the specific exemption or exemptions that you believe apply, and please notify me of the appeal procedures available to me under the law.   If you have any questions, please reach me via cell phone at (207)-358-9859.       Sincerely, Marina Villeneuve Investigative producer, Boston 25 Investigates Boston 25 News-WFXT 25 Fox Drive | Dedham, MA 02026 Cell: 781-467-6897 Google Voice: 207-358-9859 Please see the attached response document. Please note that the Malden Public Schools adhere to the state mandated reporter poliy and law : https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter119/Section51a. All educators are required to complete the  State Mandated training. 

Request Date

2023-08-17

Agency Tracking

2023-0222

Acquisition Notes

This record was automatically imported from https://www.townforms.com/FOIADirect-MaldenMACitizens/

Status

Fulfilled

Requester

Marina Villeneuve

This record is part of the StateReference Public Records Requests collection. This is a public records request to a state agency or municipality.

This record was originally posted at https://www.townforms.com/FOIADirect-MaldenMACitizens/.