UNDERSTANDING CONFIDENTIALITY

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UNDERSTANDING CONFIDENTIALITY

• Training Overview
• by
• Jolynn Rogers

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Purpose of the Training

• Review and Respond to Questions regarding the
  University Confidentiality Expectation
• Implementation of the Expectation
• Legal Parameters of the Release of Information
  based on Public Records Requests or Others

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Review of Expectations

• Development of the Expectation
• Expectation During and After
• Access to Information
• Departmental / Work Area Employment

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Review of Expectations

• Discussing or Sharing Information outside of
  Official Duties
• Laws pertaining to Confidentiality
• Disclosure based on Law
• Are you the person to disclose?

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• Examples
• Who should you contact if in doubt?

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Eastern Washington University Confidentiality
Training

• January 2006
• Presented by
• Deborah Danner, AAG

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• Personnel Records
• Investigative Records
• Student Records
• Other Records
• Implications of Improper Disclosure

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Personnel Records

• non-discloseable
• vs.
• discloseable

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Non-discloseable Personnel Records

• Social Security Number
• Voluntary Payroll Deduction
• Residential Address and Telephone
• Performance Evaluations (no misconduct)
• Medical Records
• Application Materials

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Discloseable Personnel Records

• Salary
• Vacation Leave
• Sick Leave
• Taxpayer Funded Benefits
• Performance Evaluation
• a. important leadership position/public
  input
• b. specific instance of misconduct

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Investigative Records

• Investigative records compiled during a current
  investigation of a complaint of discrimination
  are not subject to disclosure.
• Note May be subject to disclosure following
  completion of investigation.

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Student Records

• Protected by FERPA and by Washington Public
  Records Act.

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Education Records

• Directly relate to student and
• Maintained by University or party acting for
  institution.

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Education Records do not include

• Records of Instructional, Supervisory or
  Administrative Personnel (sole possession)
• Law Enforcement Records
• Employee Records
• Medical Records and
• Records made following student status.

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Ability to disclose student education records

• Generally need students written consent before
  able to disclose students education records.

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Exceptions to Student Consent

• University officials with legitimate educational
  interest or need to know
• Officials at other universities if student
  enrolled or seeks admission
• US Comptroller, U.S. Attorney General, Secretary
  of Dept. of Education, State or local educational
  authorities

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Additional Exceptions to Student Consent

• Financial Aid Application
• Accrediting Agencies
• Parents who claim student as dependent for tax
  purposes
• Subpoena or Judicial Order
• Health or Safety Emergency
• Directory Information

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Additional Exceptions to Student Consent

• Limited Final Student Disciplinary Actions
• Disclosure to parents if student violates
  rules/laws related to underage drinking or use of
  a controlled substance.

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Parents Access to Student Records

• If student attends a post-secondary institution,
  all rights and consent requirements of the
  parents are transferred to student even if
  student under the age of 18.

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Students Access to Records

• Generally students have right to review records
  with following exceptions
• a. Parent financial records and
• b. Confidential letters and statements if
  student waived right to review (e.g. admission,
  application, honors).

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Other Exempt Documents

• Personal information maintained in files for
  students
• Test questions, scoring keys, other data used to
  administer employment or academic examination
• Preliminary drafts, notes, recommendations unless
  publicly cited in connection with agency action

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Additional Exempt Documents

• Attorney Client privileged documents
• Library records for which primary purpose is to
  maintain control of materials or information
  which discloses identity of user
• Information re employee who seeks advice about
  possible violation of Discrimination and asks
  identity to not be disclosed.

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Implications of Improper Disclosure

• Golden Rule
• Violation of State Ethics Law
• Personal Liability
• Denial of Representation/ Indemnification

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• Questions and Discussion.

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• The End.