FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

            The above-captioned matter was heard as a contested case on May 17, 2002, at which time the complainants and the respondent appeared and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.  It is found that, in January 2002, the respondent provided the complainants with a copy of an investigative report compiled by the respondent regarding allegations of improper relationships between Southington High School teachers and students, which occurred approximately twenty years ago.  It is found that such report was complete except for the redaction of the names of the alleged victims and witnesses. 

 

3.  It is found that, by letter dated January 30, 2002, the complainants requested that the respondent provide them with an unredacted copy of the report; however, the respondent denied such request.

 

4.  By letter dated February 8, 2002, and filed with the Commission on February 14, 2002, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information Act (“FOI”) by failing to provide them with the requested unredacted copy of the investigative report, as described in paragraph 3, above. 

 

5.  Section 1-210(a), G.S., provides in relevant part:

 

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

6.  Section 1-212(a), G.S., provides in relevant part: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

7.  It is found that the respondent maintains or keeps on file the unredacted report, as described in paragraph 3, above, and that such report is a public record within the meaning of §§1-210(a) and 1-212(a), G.S.  It is further found that the records at issue in this matter are the names of the alleged victims and witnesses, contained in the investigation report, which names have been withheld from the complainants [hereinafter “the requested records”].

 

8.  The respondent contends that the requested records are exempt from mandatory disclosure pursuant to §1-210(b)(3)(F), G.S.

 

            9.  Section 1-210(b)(3)(F), G.S., permits the nondisclosure of:

 

[r]ecords of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of …the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof….

 

10.  Section 53a-70, G. S., provides in relevant part:

 

(a) a person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is more than two years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present, or (4) engages in sexual intercourse with another person and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.

 

11.  Section 53a-70a, G. S., provides in relevant part:

 

(a) A person is guilty of aggravated sexual assault in the first degree when such person commits sexual assault in the first degree as provided in section 53a-70, and in the commission of such offense (1) such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a deadly weapon, (2) with intent to disfigure the victim seriously and permanently, or to destroy, amputate or disable permanently a member or organ of the victim's body, such person causes such injury to such victim, (3) under circumstances evincing an extreme indifference to human life such person recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to such victim, or (4) such person is aided by two or more other persons actually present. No person shall be convicted of sexual assault in the first degree and aggravated sexual assault in the first degree upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

12.  Section 53a-71, G.S., provides in relevant part:

 

(a) a person is guilty of sexual assault in the second degree when such person engages in sexual intercourse with another person and: (1) Such other person is thirteen years of age or older but under sixteen years of age and the actor is more than two years older than such person; or (2) such other person is mentally defective to the extent that such other person is unable to consent to such sexual intercourse; or (3) such other person is physically helpless; or (4) such other person is less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare; or (5) such other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (6) the actor is a psychotherapist and such other person is (A) a patient of the actor and the sexual intercourse occurs during the psychotherapy session, (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual intercourse occurs by means of therapeutic deception; or (7) the actor accomplishes the sexual intercourse by means of false representation that the sexual intercourse is for a bona fide medical purpose by a health care professional; or (8) the actor is a school employee and such other person is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor.

 

13.  Section 53a-72a, G. S., provides in relevant part:

 

(a) A person is guilty of sexual assault in the third degree when such person (1) compels another person to submit to sexual contact (A) by the use of force against such other person or a third person, or (B) by the threat of use of force against such other person or against a third person, which reasonably causes such other person to fear physical injury to himself or herself or a third person, or (2) engages in sexual intercourse with another person whom the actor knows to be related to him or her within any of the degrees of kindred specified in section 46b-21.

 

14.  Section 53a-72b, G. S., provides in relevant part: 

 

(a) A person is guilty of sexual assault in the third degree with a firearm when such person commits sexual assault in the third degree as provided in section 53a-72a, and in the commission of such offense, such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be convicted of sexual assault in the third degree and sexual assault in the third degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.

 

15.  Section 53a-73a, G. S., provides in relevant part:

 

(a) A person is guilty of sexual assault in the fourth degree when: (1) Such person intentionally subjects another person to sexual contact who is (A) under fifteen years of age, or (B) mentally defective or mentally incapacitated to the extent that he is unable to consent to such sexual contact, or (C) physically helpless, or (D) less than eighteen years old and the actor is such person's guardian or otherwise responsible for the general supervision of such person's welfare, or (E) in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over such other person; or (2) such person subjects another person to sexual contact without such other person's consent; or (3) such person engages in sexual contact with an animal or dead body; or (4) such person is a psychotherapist and subjects another person to sexual contact who is (A) a patient of the actor and the sexual contact occurs during the psychotherapy session, or (B) a patient or former patient of the actor and such patient or former patient is emotionally dependent upon the actor, or (C) a patient or former patient of the actor and the sexual contact occurs by means of therapeutic deception; or (5) such person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose by a health care professional; or (6) such person is a school employee and subjects another person to sexual contact who is a student enrolled in a school in which the actor works or a school under the jurisdiction of the local or regional board of education which employs the actor.

 

            16.  Section 53-21, G.S., provides in relevant part:

 

(a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child, or (2) has contact with the intimate parts, as defined in section 53a-65, of a child under the age of sixteen years or subjects a child under sixteen years of age to contact with the intimate parts of such person, in a sexual and indecent manner likely to impair the health or morals of such child, or (3) permanently transfers the legal or physical custody of a child under the age of sixteen years to another person for money or other valuable consideration or acquires or receives the legal or physical custody of a child under the age of sixteen years from another person upon payment of money or other valuable consideration to such other person or a third person, except in connection with an adoption proceeding that complies with the provisions of chapter 803, shall be guilty of a class C felony.

 

17.  At the request of the Commission, the respondent submitted the unredacted report for in-camera inspection, which records have been identified as IC2002-060-1 through IC2002-060-13.   

 

18.  It is found that, because the statute of limitations has expired on all allegations described in paragraph 2, above, no criminal charges will be brought with respect to such allegations.

 

19.  Upon careful review of the in-camera documents described in paragraph 17, above, it is found that such documents are records of a law enforcement agency not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, within the meaning of §1-210(b)(3), G.S. 

 

20.  It is concluded that the respondent did not violate the FOI Act by withholding from the complainants the identities of the victims included in the requested records. 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

1.  Forthwith, the respondent shall provide the complainants with a copy of in-camera records IC2002-060-1 through IC2002-060-13, but shall redact any information that would identify victims within the meaning of §1-210(b)(3)(F), G.S.  

 

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 22, 2003.

 

_______________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Caroline Porter and The Herald

One Herald Square

New Britain, CT  06050

 

Chief, Police Department,

City of Southington

c/o Mark J. Sciota, Esq.

Town Attorney

188 North Main Street

P.O. Box 578

Southington, CT  06489

 

 

 

________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-060/FD/mes/1/24/2003