MOVED THAT:

The University Senate recommends to the President that the Oregon Administrative Rules containing the Student Records Policy be amended to read as given below [underlined portions would be added to the current rules]. Furthermore that

• Faculty, staff and students will all be notified of the university's policies on responding to subpoenas. The Faculty Handbook will be revised to inform faculty that any subpoenas received should be submitted to the Office of the General Counsel so that legal counsel can assess their validity and advise the recipient how to respond. Faculty and staff should be reminded periodically of this policy through means such as articles in Inside Oregon, memos distributed in campus mail, and posting of the policy on relevant websites that exist or may be developed.
• The University shall publish and distribute on an annual basis to students notice of their rights under the Student Records Policy. This information for students should include the fact that student records may be the subject of law enforcement subpoenas which forbid notification to the student whose records are subpoenaed. Students should also be informed that it is university policy to submit subpoenas to the Office of the General Counsel for evaluation of their validity. Such measures as discussion within the Student Handbook, advertisements in the Oregon Daily Emerald and postings on the Office of the Student Advocate and other relevant websites should be employed to keep students informed.

571-020-0120

Location and Custody of Student Records 

Education records and official personal records shall be kept in locations central to the University or the division or department that maintains them.The control of such records should be assigned to designated personnel responsible for preserving the confidentiality of records. Education records may also be maintained by individual employees and others acting on behalf of the University. The Vice President for Student Affairs or his or her designee(s) is the custodian of all education records maintained by the University or on its behalf and shall have ultimate control of all education records. The Office of the Registrar is the initial point of contact for questions related to these rules. Subpoenas seeking education records are typically served on the University Registrar, and the Office of the Registrar should be informed whenever the University or a University employee is served with a subpoena seeking education records.If the University or a University employee is served with a law enforcement subpoena, whether or not that subpoena orders that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed to the student, a copy shall be sent immediately to the Office of the General Counsel.No documents shall be released or information disclosed until University legal counsel determines that the subpoena is valid.

571-020-0180

When Prior Consent Is Not Requiredfor the Disclosure of Personally Identifiable Information from Education Records

(1) The University may disclose personally identifiable information from an education record without the student's consent if one of the following conditions is met:

(a) The disclosure is to a school official who has a legitimate educational interest.

(b) The disclosure is to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.

(c) The disclosure is to comply with a judicial order or lawfully issued subpoena and the University makes a reasonable effort to notify the student of the order or subpoena in advance of compliance so that the student may seek protective action. The following sentence is adopted effective December 10, 2003: If the disclosure is to comply with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed and University legal counsel has determined that the subpoena is valid, then the University shall not notify the student.

(d) The disclosure is in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. This shall be strictly construed. The factors to be taken into account in determining whether this exception applies shall include the following: (i) the seriousness of the threat to the health or safety of the student or other individual; (ii) the need for the information to meet the emergency; (iii) whether the individuals to whom the information is disclosed are in a position to deal with the emergency; (iv) the extent to which time is of the essence in dealing with the emergency.

(e) The disclosure is information the University has designated as directory information.

(f) The disclosure is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the University with respect to that alleged crime or offense.

(g) The disclosure is in connection with a disciplinary proceeding at the University and the University determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and the student has committed a violation of the institution's rules or policies with respect to the allegation made against him or her. The University may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student. This subsection applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.

(h) The disclosure is otherwise in compliance with the Act or other applicable law.