Chair, Conference on Conduct Governance FROM: William L. Riley
Associate Vice Chancellor and Dean of Students SUBJECT: FERPA, Section 951 - Disciplinary Disclosure Periodically the federal government makes changes in the law, regulations and interpretations regarding legislation affecting higher education. As we all know, the Family Educational Rights and Privacy Act has been around since 1974 and is amended periodically. Two years ago the campus amended its policy regarding notifying parents of students of violations of the law or university policy/regulation concerning alcohol or a controlled substance. This was a permissive change under FERPA, Section 952. This past year and one half, an ad hoc group of campus faculty, students and administrators that relate directly to student life and campus policy relative to students have met periodically to review another change in FERPA. Section 951 - Disciplinary Disclosures allows the university to either reaffirm by action or no action its policy, or to change its policy, regarding the release of information about students found in violation of the campus' regulations pertaining to crimes of violence. The change in FERPA would allow prescribed information regarding these incidents to be released to the public. Section 951 - Disciplinary Disclosures Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence (as that term is defined in section 16 of title 18, United State Code), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institution's rules or policies with respect to such crime or offense. The crimes of violence are defined as arson, assault, burglary, criminal homicide, destruction/damage/vandalism of property, kidnapping/abduction, robbery, and forcible sex offenses. Non-forcible sex offense is statutory rape or incest. UIUC has conduct code violations categories that would include these offenses. Prior to this change in FERPA, the results of conduct violations of university regulations of any type could only be released in a very limited way, and will continue to be under this permissive change. Our campus policy concerning release of student records, including disciplinary records, is outlined in our campus code (Rules 60-68). The primary motivation for the promulgation of this change in FERPA was the assertion that persons in the university community had a right to know the identity of those that have committed acts of violence against another member of the community. The contrary view, in large part, has been that behavior of a student while enrolled at the university is educational in nature, and should not be public information. Most all information regarding a student in his/her relationship to the university is perceived to be "educational" in nature and private, and thus not generally available to others without the consent of the student. In recent years, FERPA has been amended in a few instances in favor of the interests of the community versus the privacy of the individual. In weighing the competing interests of the individual students and the members of the community, the ad hoc group puts forward the following recommendations regarding this matter. This action would be permitted under the current FERPA regulations. The campus would release information regarding violations covered under FERPA 951. The university is responsible to assist in making the campus community safe for those who interact with it. Providing this information in a specific, limited manner contributes to the public safety of the community. The committee does not believe that release of the information as a deterrent to the future behavior of the violator or others, or as a punitive action to the violator was a sufficient basis for releasing the information. Information to be released periodically by the Office for Student Conflict Resolution would be limited to the name of the student found in violation, the violation and the sanction. Information would be released after the discipline committee had confirmed a code violation comparable to the qualifying "crime" and any qualifying appeal has been heard. Information would be released to the Daily Illini, News Gazette and residence halls. Other media or those interested could request to be added to the distribution list. The only disagreement inside the committee related to release of information about those found guilty of sexual assault. Some expressed concern that if contacted by the media about the incident, the "guilty" student might release the name of the "victim." The perpetrator might also relate a story, publicly, quite different than the finding of fact of the discipline committee, thus "revictimizing" the victim. Some believed that to chance that occurring would not be appropriate. The majority did not believe there was much of a chance for this to occur; that there would be likelihood that this incident would already be a matter of public record in the media or in court; that the perpetrator would be unlikely to desire media attention; and/or if so, the issue could be handled in court or other means. The issue really was concern for public safety versus the potential for revictimizing a student. The majority felt the public safety responsibility weighed more heavily. Proposed Language:
Rule 62: Access to Student Records
C. Others
2. The name, code violations and sanction of a student found in violation of the Campus Code of Policies and Regulations Applying to All Students, Rule 11.E. regarding violent actions and as permitted under FERPA, Section 951, may be released to the public. I would be pleased to visit with the CCG to further discuss this proposed change. The Ad hoc committee consisted of
Nicholas Burbules, Chair - Conference on Conduct Governance
Lisa Huson, Counsel - Office of University Counsel
Anthony Jacobi, Chair - Senate Committee on Student Discipline
Richard Justice, Director - Office for Student Conflict Resolution
Patricia Morey, Coordinator - Office of Women's Programs
Robert Morgan /Sara Bokhari, ISG President
William Riley, Dean of Students/Associate Vice Chancellor