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Final 1-26-061 UNDERSTANDING CONFIDENTIALITY Training Overview by Jolynn Rogers
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Final 1-26-062 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
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Final 1-26-063 Review of Expectations Development of the Expectation Expectation During and After Access to Information Departmental / Work Area Employment
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Final 1-26-064 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?
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Final 1-26-065 Examples Who should you contact if in doubt?
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Final 1-26-066 Eastern Washington University Confidentiality Training January 2006 Presented by: Deborah Danner, AAG
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Final 1-26-067 Personnel Records Investigative Records Student Records Other Records Implications of Improper Disclosure
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Final 1-26-068 Personnel Records “non-discloseable” vs. “discloseable”
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Final 1-26-069 Non-discloseable Personnel Records Social Security Number Voluntary Payroll Deduction Residential Address and Telephone Performance Evaluations (no misconduct) Medical Records Application Materials
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Final 1-26-0610 Discloseable Personnel Records Salary Vacation Leave Sick Leave Taxpayer Funded Benefits Performance Evaluation a. important leadership position/public input b. specific instance of misconduct
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Final 1-26-0611 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.
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Final 1-26-0612 Student Records Protected by FERPA and by Washington Public Records Act.
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Final 1-26-0613 Education Records Directly relate to student; and Maintained by University or party acting for institution.
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Final 1-26-0614 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.
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Final 1-26-0615 Ability to disclose student education records: Generally need student’s written consent before able to disclose student’s education records.
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Final 1-26-0616 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;
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Final 1-26-0617 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;
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Final 1-26-0618 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.
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Final 1-26-0619 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.
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Final 1-26-0620 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).
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Final 1-26-0621 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;
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Final 1-26-0622 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.
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Final 1-26-0623 Implications of Improper Disclosure Golden Rule Violation of State Ethics Law Personal Liability Denial of Representation/ Indemnification
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Final 1-26-0624 Questions and Discussion.
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Final 1-26-0625 The End.
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