1. Dick RobertsonAlketa Wojcik Vice President, Student ServicesAssociate Dean of Student Services MiraCosta CollegeMiraCosta College, San Elijo Campus (760) 795-6898 (760) 634-7806 drobertson@miracosta.eduawojcik@miracosta.edu 1

2. Objectives Create awareness of student discipline as it relates to campus safety. Establish familiarity with FERPA and disability issues related to campus safety. Keep informed about legislative updates on student discipline. Find out how and what college districts in San Diego are sharing.

3. Overview Context FERPA Disability Law and Withdraw Discipline Policy – Mediation Region X Sharing Information Legislation Update Future Implications

4. Context Socio-Economic Shifts Access to Higher Education Relationship of millennials with parents (in terms of privacy) High Profile Campus Incidents ADA Disclaimer: We are not attorneys! The advice is based on our experience and knowledge.

5. FERPA Federal law that protects the privacy of students’ education records. 5

6. 6 Privacy & Confidentiality Information disclosed in public is public information with no reasonable expectation of privacy Information told to a college official or health care provider, acting in an official capacity, is subject to the protections and restrictions of the statutes applicable to that individual/profession

7. Educational Records "Educational records" include college maintained records, files, documents, and other materials that contain information directly related to a student. The following are not educational records: Records made by College personnel, including professors, which are in the sole possession of the person who made the records and are not accessible or revealed to any other person. Records created and maintained by college police for law enforcement purposes Medical/counseling records used solely for treatment (treatment records). 7

8. FERPA If treatment records are disclosed for purposes other than treatment, even to the student herself, they then become "education records" subject to FERPA. As education records, treatment records could be disclosed to college employees with a “legitimate educational interest.” Most colleges “are not required to comply with the HIPAA Privacy Rule because the only health records maintained by the school are “education records” or “treatment records” of eligible students under FERPA, both of which are excluded from coverage under the HIPAA Privacy Rule.” (From the joint guidance) 8

9. “Legitimate Educational Interest” Exception FERPA allows the college to disclose personally identifiable information from education records, without prior written consent to other College officials, including faculty members, who in the opinion of the College, have a legitimate educational interest in the information. 9

10. “Legitimate Educational Interest” Exception An official has a "legitimate educational interest" if the information is relevant and necessary to fulfill her professional responsibilities or duties related to: Student’s education, Discipline A service or benefit for the student The evaluation of a student’s academic work Maintenance of campus safety and security, and Any action or interest relating to the planning or execution of the College’s academic, administrative, employment or financial programs 10

11. Disability Law Designed to protect people with disabilities Rehabilitation Act of 1973 (institutions that accept federal money) Americans with Disability Act (ADA) – Title II covers public institutions and Title III covers the private institutions Main points of the law: Prohibits discrimination based on disability; includes mental health as a protected disability; requires institutions to provide accommodations.

12. Disability and Student Conduct Supreme Court has a tradition of deference to higher education academic decisions The institution may discipline a student for violation of a conduct code regardless of disability. The discipline may not be based solely on the disability and must be the same for non-disabled students. The institution should provide the opportunity for students to modify behavior.

13. Direct Threat Follow-up Mandatory assessment Establish a policy on mandatory assessment Must be related to direct threat Involuntary Withdrawal Institutions can remove students based on direct threat Conditional Readmission Have an established readmission policy to avoid being discriminatory Base it on the direct threat and not on the disability

14. Threat Assessment Threat assessment strategies being deployed at some San Diego Community Colleges Significant increase in psychological illness (economic pressures?) Who should be involved in threat assessment? To require counseling or not to require counseling What happens when the determination is that there is a threat?

15. Discipline Challenges What would you do if: 1.A student, who was angry about a comment written by a faculty member on a returned paper and waited till all other students had departed, grabbed the faculty member by the neck and began choking her. 2.A student was observed by a campus police officer to be stalking a faculty member and, when confronted by the officer, said that he had been thinking that maybe he should do what the Virginia Tech shooter had done.

16. Student Discipline and Mediation Mediation is imbedded in informal discipline processes at MiraCosta College. Faculty, administrators, staff, and students trained at the National Conflict Resolution Center in San Diego. (info@ncrconline.com)info@ncrconline.com Very few disciplinary hearings; most issues resolved in mediation

17. Sharing Student Discipline – Region X New interpretation of FERPA privacy rights when there is an imminent threat San Diego Community Colleges decide to share discipline information Regional agreement Share only the most serious discipline information; suspensions and expulsions Receiving college interviews student, who has been suspended/expelled from another area college Offending student warned and informed of consequences of repeating aberrant behavior CSSO decides whether or not to involve campus police

18. Region X – Notification Format Name of College: Name of Student: Effective Date of Suspension: Reason for Suspension: Sanctions Imposed if any (i.e. Restraining order) Reason for Expulsion: Sanctions Imposed if any (i.e. Restraining order) Note: Reporting of suspension or expulsion must be based on violations of the college’s rules or policies and must occur after due process. 18

19. Things to Ponder “The community college system does not have uniform rules of student conduct nor uniform disciplinary processes.” Multi-college districts can invoke a district-wide suspension. Open admissions laws prohibit any form of systemwide expulsion. 19

20. Current Proposal/Considerations Systemwide Repository: Any college’s governing board may elect to expel a student for a violent, serious, criminal- level misconduct and have it reported to a state repository. Only pre-determined college personnel would be eligible to submit and access information from the repository. 20

21. Continued System Level Action: A district may approve a recommendation for a systemwide expulsion/exclusion as part of local action. Approved college representatives may access this information to advise them in their actions related to admission or assist in the determination of disciplinary action. 21

22. Future Implications Consider Threat Assessment Teams (Dunkle, J,H., Silverstein, Z.B., & Warner, S.L., 2007) and Develop a local Plan Communicate discipline concerns to senior administration and others Conduct training with faculty, staff, and administration on “threat analysis” and appropriate response

23. Questions?