Final 1-26-06 1

UNDERSTANDING CONFIDENTIALITY

Training Overviewby

Jolynn Rogers

Final 1-26-06 2

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

Final 1-26-06 3

Review of Expectations

Development of the Expectation

Expectation During and After

Access to Information Departmental / Work Area Employment

Final 1-26-06 4

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?

Final 1-26-06 5

Examples

Who should you contact if in doubt?

Final 1-26-06 6

Eastern Washington University Confidentiality Training

January 2006Presented by:

Deborah Danner, AAG

Final 1-26-06 7

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

Final 1-26-06 8

Personnel Records

“non-discloseable”

vs.

“discloseable”

Final 1-26-06 9

Non-discloseable Personnel Records

Social Security Number Voluntary Payroll Deduction Residential Address and Telephone Performance Evaluations (no

misconduct) Medical Records Application Materials

Final 1-26-06 10

Discloseable Personnel Records Salary Vacation Leave Sick Leave Taxpayer Funded Benefits Performance Evaluation

a. important leadership position/public input

b. specific instance of misconduct

Final 1-26-06 11

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.

Final 1-26-06 12

Student Records

Protected by FERPA and by Washington Public Records Act.

Final 1-26-06 13

Education Records Directly relate to student; and

Maintained by University or party acting for institution.

Final 1-26-06 14

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.

Final 1-26-06 15

Ability to disclose student education records:

Generally need student’s written consent before able to disclose student’s education records.

Final 1-26-06 16

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;

Final 1-26-06 17

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;

Final 1-26-06 18

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.

Final 1-26-06 19

Parent’s 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.

Final 1-26-06 20

Student’s Access to Records

Generally students have right to review records with following exceptions:

a. Parent financial records; andb. Confidential letters and

statements if student waived right to review (e.g. admission, application, honors).

Final 1-26-06 21

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;

Final 1-26-06 22

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.

Final 1-26-06 23

Implications of Improper Disclosure

Golden Rule Violation of State

Ethics Law Personal Liability Denial of

Representation/ Indemnification

Final 1-26-06 24

Questions and Discussion.

Final 1-26-06 25

The End.