New bill allows students to take action

Universities are supposed to be like best friends: they should not tell secrets without permission. But not all friends are good at keeping secrets, and neither are all universities. But a bill proposed earlier this month would open colleges to lawsuit for releasing certain personal information.

HR1848, a bill proposed by Representative Robert Andrews, D-NJ, would give students the right to sue their universities for releasing records which negatively impact the student. The bill extends the Family Education and Privacy Act (FERPA) to protect college applicants and third parties, such as business partners, who might be hurt by disclosed information.

FERPA made waves when Congress passed it in 1974 because it gave parents and students (when they reached age 18) powerful rights over access to student records. It also states that universities that release student records without the consent of a parent or adult student can lose their federal financial-aid funds.

However, no college has ever been penalized under the law, according LeRoy S. Rooker, the director of the Family Policy Compliance Office, which administers FERPA at the Department of Education.

HR1848 directly responds to a June Supreme Court decision in the case University of Gonzaga v. Doe. The name Doe was used to protect the former Gonzaga University student, who sued the school for releasing personal information the feels cost him a job opportunity.

While applying to become a teacher, Doe requested an affidavit of good moral character from Gonzaga. However, Gonzaga administrator Roberta League overheard students talking about an alleged sexual misconduct by Doe. League investigated the claim, notified the state teacher certification agency, and identified Doe. Doe did not even know about the investigation until he was informed that he would not get the affidavit from Gonzaga. League doubted Doe's moral character, but there was no proof to the allegations.

Doe sued League and the university, claiming a violation of FERPA by releasing his personal records to an unauthorized third party. Although Doe originally won the case, Gonzaga asked the Supreme Court to review the material, and the decision was reversed. Had Doe won the case, the decision would have set a precedent allowing students to sue universities for disclosing personal records and information to third parties.

While the illegal release of information might be a problem at some universities, Dean of Students Bruce Reitman says that Tufts has a strong commitment to protecting students' privacy.

"Tufts has always safeguarded the rights and records of students with extreme care so that anybody coming in asking for information wouldn't be able to get it without the student's express permission," Reitman said. "Even if a court order comes in, we're going to check with the student to make sure that they're aware of the court order requesting the information. If they feel it's in error, we will give them the opportunity to clarify the situation with the court before complying."

There are some situations in which releasing information is required by law. "There are some things that universities have a duty to warn or inform others about, such as possible endangerment situations that students enrolled at universities may pose to others," Reitman said. "However, in careful and well-known universities like Tufts, there has never been a problem with unjust information disclosure."

Students seem to have mixed views on the law. "I think the law needs to be clarified," TCU Senator Matt Pohl said. "I think the law is vague, up for interpretation, and as such, it's a target for abuse."

Sophomore Ghenet Powell said that the University released Dean's List recognition to her local paper, which she does not mind. "Depending on what personal information is released, it makes sense that they should get the person's permission before making things public," Powell said. "If it does truly bother someone, then I guess it's their right to sue."

Many students said they were worried about Tufts releasing their information. "I'm really not worried that Tufts would disclose my personal information," sophomore Brindusa Negritoiu said. "It's not that I trust Tufts, it's just that the thought of them disclosing my personal information doesn't bother me."

Reitman said that every university must define its policy on disclosure of information. "The only reason Tufts would release records is to send it, at the students request, to graduate schools or employers," he said.