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UNDERSTANDING CONFIDENTIALITY

UNDERSTANDING CONFIDENTIALITY. Training Overview by Jolynn Rogers. Purpose of the Training:. Review and Respond to Questions regarding the University Confidentiality Expectation Implementation of the Expectation

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UNDERSTANDING CONFIDENTIALITY

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  1. UNDERSTANDING CONFIDENTIALITY Training Overview by 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 2006 Presented 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; and b. 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. Final 1-26-06

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