by Aaron Butts
A sexual assault has recently been reported between a theater professor and a student at Otterbein campus with claims that the student was touched inappropriately. The case has set off a flurry of controversy around numerous communities because of the way Otterbein handled the incident: by putting the professor on leave and forcing the student to sign a non-disclosure agreement in direct violation with federal law.
Otterbein still has a closed record policy concerning crimes that take place that involve the university, which makes many other universities, such as Capital, wonder if such policies exist here.
Capital, as a private institution, is not required to publicly provide information about any ongoing investigations it is involved with, nor is it obligated to report these incidents. These actions are required for public institutions, such as Ohio State, because they are run by the state.
“A private institution with a police department does not have the responsibility or obligation under any sunshine law to provide you with a report of anything that comes to us,” Officer Frank Fernandez of Capital’s Public Safety Police Department said. “I can say ‘no, I can’t give you that report,’ and the institution is protected by a Supreme Court decision. That could change, of course, at any time.”
When it comes to Capital disclosing information about crimes, they elect to disclose information to nearly every crime voluntarily to protect the student body as well as provide transparency to the situation.
“We’re very open with letting the community know what is going on at our campus,” Fernandez said. “That’s a decision that we as an institution have decided to make.”
Capital also has no problem with cooperating with students and the media concerning police reports.
“We do not have any problem with proving you with a copy of the report as long as there is not an ongoing investigation,” Fernandez said.
Although this may appear comforting, that Capital is voluntarily willing to provide information on crimes that are committed, the fact that they are not obligated to do so is both convenient for the university, and potentially concerning for students. The university is not known to have a non-disclosure agreement policy for crimes that are committed on campus, so students are left to trust what information Public Safety gives them. Thankfully, as any student that has received a CapAlert at 5 a.m. knows, Capital is typically very good at disclosing to the campus when a serious threat to student safety arises.
abutts@capital.edu
