Sara Hincapie v. Bristol Community College (SPR 20250560)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 10, 2025 SPR25/0560 Joyce Brennan Vice President of Marketing & Communication Bristol Community College 777 Elsbree Street Fall River, MA 02720 Dear Ms. Brennan: I have received the petition of Sara Hincapie appealing the response of the Bristol Community College (College) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 12, 2025, Ms. Hincapie requested: Records and Findings from Independent Auditor(s) that Reviewed Wellness/ Counseling Office (2023-Present): In reference to the November 27, 2023 response [attached to this request] I received from Bristol regarding the complaint I filed with the Department of Higher Education, I am requesting access to any records and findings from the independent auditor(s) that reviewed your counseling office since that time. This includes, but is not limited to, file management policies, best practices, and all other information related to that audit. Additionally, I request any records pertaining to the verification of staff licensing conducted as part of that audit. The College responded on February 26, 2025. Unsatisfied with the College’s response, Ms. Hincapie petitioned this office and this appeal, SPR25/0560, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Joyce Brennan SPR25/0560 Page 2 March 10, 2025 It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The College’s February 26th Response In its February 26, 2025 response, the College states, “[n]o such records exist.” Current Appeal In her appeal petition, Ms. Hincapie states: This claim is demonstrably misleading and contradicts previous statements made by the College itself, including commitments made to the Massachusetts Department of Higher Education (DHE). I request that the Public Records Division reconsider this matter based on the following legal and factual grounds…. This request was based on a written commitment made by the College. In a letter dated November 27, 2023, Associate Vice President … stated: ‘The College intends to engage an independent auditor to review our counseling office, and its file management policies, to ensure best practices in servicing our students.’ If the College followed through on its stated commitment, records of this audit must exist. If such an audit was never conducted, the College should be required to formally attest to this failure. In a telephone call between a staff attorney of the Public Records Division and the College on March 7, 2025, the College confirmed there are no records responsive to the request. Conclusion Where the College confirmed that it does not possess records responsive to Ms. Hincapie’s request, and has no duty to create records responsive to the request, I will now consider this administrative appeal closed. If Ms. Hincapie is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies).

Joyce Brennan SPR25/0560 Page 3 March 10, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Sara Hincapie