Final UNDERSTANDING CONFIDENTIALITY Training Overview by Jolynn Rogers

Final 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 Review of Expectations Development of the Expectation Expectation During and After Access to Information Departmental / Work Area Employment

Final 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 Examples Who should you contact if in doubt?

Final Eastern Washington University Confidentiality Training January 2006 Presented by: Deborah Danner, AAG

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

Final Personnel Records “non-discloseable” vs. “discloseable”

Final Non-discloseable Personnel Records Social Security Number Voluntary Payroll Deduction Residential Address and Telephone Performance Evaluations (no misconduct) Medical Records Application Materials

Final 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 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 Student Records Protected by FERPA and by Washington Public Records Act.

Final Education Records Directly relate to student; and Maintained by University or party acting for institution.

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

Final 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 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 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 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 Student’s 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).

Final 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 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 Implications of Improper Disclosure Golden Rule Violation of State Ethics Law Personal Liability Denial of Representation/ Indemnification

Final Questions and Discussion.

Final The End.