Section 14.04 - Institutional Reporting and Certification Requirements(1)Annual Report and Compliance Certifications. No later than December 1st of each year, as part of the Annual Report required under M.G.L. c. 6, § 168E(q), each institution shall submit the following information and certifications to the Department in a format and manner to be determined by the Department: (a) a list of local law enforcement agencies the institution has identified with jurisdiction on or around each of the institution's campuses; and(b) a certification that:1. the institution has entered into an MOU, the terms of which are in compliance with 610 CMR 14.03, with each local law enforcement agency with jurisdiction on or around each of the institution's campuses; and/or2. the institution has determined, pursuant to 610 CMR 14.04(2), that entering into one or more of such MOUs is infeasible; and(c) a copy or copies of any executed MOUs.(2)Feasibility Determinations. M.G.L. c. 6, § 168E(c) requires each institution to adopt an MOU with local law enforcement agencies "to the extent feasible." A determination that it is not feasible to enter into an MOU with a local law enforcement agency may be based on several factors including, but not limited to, a local law enforcement agency refusing, or failing to timely respond to, reasonable requests to enter into an MOU under 610 CMR 14.03; or a local law enforcement agency only committing to enter into an MOU that, if followed, would cause the institution to be in violation of federal or state law; or an MOU cannot be negotiated or finalized despite the good faith efforts of the local law enforcement agency and the institution. An institution that has determined it is not feasible to enter into an MOU with one or more local law enforcement agencies, as required by M.G.L. c. 6, § 168E(c), and 610 CMR 14.04(2), shall so notify the Department by submitting, along with its Annual Report and Compliance Certification, a feasibility report, which at a minimum includes the following:
(a) A summary of and attestation to the institution's good faith efforts towards entering into an MOU with the local law enforcement agency that meets the minimum requirements set forth in 610 CMR 14.03, including the reasons for the local law enforcement agency's action or inaction on the MOU, to the best of the institution's understanding; and(b) Any additional efforts since the institution's last feasibility report that the institution has made towards establishing an MOU with the local law enforcement agency or agencies that includes the minimum requirements set forth in 610 CMR 14.03.(3) The Department will review each institution's Annual Report and Compliance Certification submission, including any applicable Feasibility Reports, and may request additional information from the institution to document compliance with 610 CMR 14.00. Annual Report and Compliance Certifications, including any Feasibility Reports which, in the Department's discretion, are determined to be incomplete or not supported with the necessary documentation will be noted as such through the Department's annual reporting process.Adopted by Mass Register Issue 1450, eff. 8/20/2021.