Revised:
10/30/2006
Releasing
Information Contained in University UPPS
No. 05.04.01
Police
Department Records Issue
No. 4
Effective Date: 4/20/2005
Review: June 1 E6Y
01. POLICY STATEMENTS
01.01 This UPPS
establishes policies for releasing information contained in records maintained
by the University Police Department.
*01.02 Related
Laws and Policies: Additional
information and guidance for complying with requests for public information may
be found in UPPS No.
01.04.00, Appropriate Release of Information.
02. DEFINITIONS AND REPORTING LINES
02.01 "Director"
as used in this UPPS refers to the Director of the University Police Department.
02.02 The
University Police Department, a sub-unit of a government agency, performs the
administration of criminal justice pursuant to state statute and allocates a
significant part of its annual budget to the administration of criminal justice.
It is a "criminal justice agency" as defined in 28 C.F.R. Section
20.3(c).
02.03 For the
purpose of dissemination of information, and for the purpose of administration
of criminal justice, those individuals in the Director's administrative chain of
authority have access to information maintained by the University Police
Department, subject to the restrictions and limitations of law.
02.04 Officers
of the University Police are peace officers under article 2.12, Texas Code of
Criminal Procedure.
02.05 Law
enforcement records of the University Police Department relating to university
students are:
a. maintained
apart from other student educational records;
b. maintained
solely for law enforcement purposes; and
c. not
disclosed to other than law enforcement officials of the same jurisdiction or
to campus administration for internal action due to violations of university
policy.
Student
education records maintained by the University are not disclosed to personnel
of the University Police Department except when in compliance with the Family
Educational Rights and Privacy Act of 1974. See UPPS No.
01.04.31.
03. PROCEDURES FOR THE RELEASE OF INFORMATION
03.01 Generally,
the University will release to the media—either at the University's initiative
in the form of a press release, or in response to media inquiries—information
not made confidential by law.
03.02 The
Director of University Police or his or her designee ordinarily will respond to
media inquiries about criminal investigations and incidents involving police
action. The Director may, after responding to a media inquiry, refer the
inquirer to the Director of University News Service for additional assistance.
The Director will notify the Director of University News Service of all media
inquiries as soon as practical after they occur.
03.03 The
following are guidelines for information that may be released to the press:
a. Nature of
the offense.
b. Location and
time of the offense. (The exact address of a sex offense, where such
information could lead to the identity of the victim, shall not be released.)
c. Injuries
sustained or damages resulting from the action. When there has been extensive
damage to or loss of property owned by the University, dollar estimates of the
loss must be cleared by the Vice President for Finance and Support Services
before their release. The amount taken in robberies or burglaries shall not be
released, nor shall any information be released regarding exact identifying
information that could be known only to the guilty party, i. e.,
"investigating keys."
d. Identity of
the victim, except that the name of an alleged sex crime victim shall not be
released.
e. Method of
complaint (officer observation, citizen, warrant).
f. Whether or
not there are suspects. The identity of suspects not charged shall not be
released.
g. Names of
persons arrested, except that the names of juvenile arrestees shall not be
released.
h. Date and
time of arrest.
i. The exact
charge.
j. Facts and
circumstances relating to the arrest, such as resistance, pursuit, and
possession or use of a weapon.
k. The name of
the arresting officer. (Undercover operations may require withholding the
officer's identity.)
l. Pre-trial
release or detention arrangements, such as the amount of bond, and the location
of detention.
*03.04 Information
that is exempt from required public disclosure under the Texas Public
Information Act, Government Code Chapter 552, shall not be released to the
press or the public (see UPPS No.
01.04.30).
03.05 Before
releasing the names of deceased or injured individuals, the Director or his or
her designee will verify notification of next of kin.
04. REVIEWERS OF THIS UPPS
04.01 Reviewers
of this UPPS include the following:
Position Date
Director, University Police Department June 1 E6Y
University Attorney June
1 E6Y
Director, University News Service June 1 E6Y
Dean of Students June
1 E6Y
05. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents
Director,
University Police Department; senior reviewer of this UPPS
Vice
President for Student Affairs
President