• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

FERPA Law Interesting Situation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

verysadman

Junior Member
State of Oregon

I am attending a public university in the state of Oregon. After applying for a job on campus, and not having my application accepted, a friend's mother called the school to let them know how she felt about me not being given the job. I had no knowledge of the phone call until a week later. (for the record, I am planning to use this FERPA violation in a wider claim of discrimination, but my question concerns only the FERPA part, so I will not go into detail about the discrimination claim).

During the phone call the head of the administrative office I applied to work for disclosed my directory information, as well as confirming the fact that I applied, was not accepted, and that I had come and asked why. The administrator did not confirm with me to see if it was OK to disclose even as much as my directory information, let alone my application status and history. Is this a violation of FERPA?

Also, the woman who called the school works for an administrative office for the public education system (connected with her local high school). Because she technically works for a public educational institution, could she get in trouble for being a part of this FERPA violation? Even though she did not call on authority of her job, but as a 'concerned citizen?'

I have a meeting with the vice president to file a complaint on monday, so any help before then would be greatly appreciated. I will only file the complaint if I know that my friend's mother is not hurt by it. As far as im concerned, her knowing my information is not the problem, the problem is with the university administrator releasing it to someone who she does not even bother to make sure it is ok to release to.

thanks,
-verysadman:(

Again: OREGON
 
Last edited:


Technically, your directory information is not protcted, and I would think that the school would argue that this has nothing to do with FERPA. The records in this situation are not education records; instead, the records are work in nature and outside any FERPA protections.
 

verysadman

Junior Member
oh ok

Ok, I understand what you are saying.

But, I did fill out an official application for the job, and the school does have a physical file with it inside, including the papers from my two interviews. Those records will remain on file in the housing office until I graduate, or leave. Are they protected under FERPA? Those papers contain the same information that FERPA is intended to protect: what classes I am enrolled in, what my grades are, my GPA, my volunteer experiences and duties on campus et cetera. And it is the information in those papers that the administrator released without my consent.

The information as collected by and being held by my university, are some parts of the university bound by FERPA and others not?

Thank you so much for your time!
-verysadman

PS. I am not sure I understand what you mean by "work in nature and outside"
 
Are some parts of the university bound by FERPA and others not?
If I applied for a job at a university or school district, my application would not be considered an educational record.
The school sounds like they confused the situation if your job application is stored in your school record. But given what you said they release (directory and job application information, it did not release any FERPA protected information. It would seem best if they kept them separated. I know that nonprotected information, personal notes, can become part of the record if stored in an educational file, but I don't know about a job application.
If a school required education information on a job application and released the education information on it, or if a job had specific requirements for application that were readily known and protected, only students on 504 plans can apply, and released that a student applied, both situations should be protected.
But if you applied for a job at Kinko's and they required your education information and they released it, it wouldn't be protected by FERPA.
 

verysadman

Junior Member
ok

ok, thank you so much for the clarification.

I will not use this in the main body of my complaint, but as a side note suggesting that a violation may have occurred.

thanks!
 

GaAtty

Member
Even if there was a FERPA violation, my research indicates that FERPA does not create a private right of action. All you could do is complain to the Secretary of Education. In any other circumstances, I would say that you had a breach of contract and breach of privacy. The problem is that I cannot see that you have damages signifcant enough to merit the trouble to file suit, because the information was released to a friend, not a stranger. So how were you harmed? My own personal opinion, however, is that it was completely unacceptable and out of place for your friend to call and complain because you had not gotten the job. She has no idea who else qpplied or their qualifications, and quite simply put, it was none of her business.
 

enjay

Member
GaAtty said:
My own personal opinion, however, is that it was completely unacceptable and out of place for your friend to call and complain because you had not gotten the job. She has no idea who else qpplied or their qualifications, and quite simply put, it was none of her business.
Agreed. OP, at some point we all need to stand on our own, and friends, mommies, and busybodies trying to stand up for us make us look weak. I hope that you asked your friend not to overstep the boundaries in the future.
 

verysadman

Junior Member
take a deep breath

Hey, relax guys.

The reason I did not get the job is on account of discrimination, my case is very strong and I have plenty of proof (supported by the fact that the administrator has a huge history of like discrimination -and that is not the issue here). The possibility of the violation of FERPA is just one small part of my general complaint. So don't get on me about making a big deal of nothing, because when accompanied with the many other failures of this administrator (that I did not mention on account of them not being relevant to my original question), FERPA is just one more reason to take action.

As for the reference to me standing on my own, and the claim that busy bodies make you look weak? You could not be more wrong. The fact of the matter is, when fighting discrimination in a public institution, the presence of an angry public is an invaluable tool. She was not the only person to make a complaint, in fact, she is in great company. She is the only person who received personal information about me however, so that is why I brought her up in the first place with regards to FERPA.

There is one question nobody has answered yet. If I were to place a complaint regarding FERPA, would the nice lady that called the school be at risk of violating FERPA in her own way (considering the circumstances I stated before?)?

Sorry about the length of my post.
Thanks for all your time
-verysadman
 
My omission was intentional because if the application is not covered by FERPA its release cannot be a violation.

I pulled this off of FERPA’s website from their online library, “Letter to University of Illinois re: Use of Student ID Numbers Under FERPA,” http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/ryanuillinois.html

The following records are excluded from the definition of "education records" --
(i) Records relating to an individual who is employed by an educational agency or institution, that:
(A) Are made and maintained in the normal course of business;
(B) Relate exclusively to the individual in that individual's capacity as an employee; and
(C) Are not available for use for any other purpose.

I still do not believe that your complaint as stated is covered, but as I have learned with IDEA rulings, never say never. There are, as always, exclusionary clauses, i.e., student numbers for students who become employees identified in the letter.
 
My omission was intentional because if the application is not covered by FERPA its release cannot be a violation.

I pulled this off of FERPA_s website from their online library, _Letter to University of Illinois re: Use of Student ID Numbers Under FERPA,_ http://www.ed.gov/policy/gen/guid/fpco/ferpa/library/ryanuillinois.html which is quoted.

The following records are excluded from the definition of "education records" --
(i) Records relating to an individual who is employed by an educational agency or institution, that:
(A) Are made and maintained in the normal course of business;
(B) Relate exclusively to the individual in that individual's capacity as an employee; and
(C) Are not available for use for any other purpose.
(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition.
34 CFR § 99.3

It sounds like it comes down to if the job is for students and not for the general public, i.e., most likely tutors, some library positions, etc. If the job you applied for is only for current students, then you should at least inform the university.
 
Last edited:

verysadman

Junior Member
great

I will do just that. But in your post (up two) you said that you did not address whether or not it would be a violation for the lady who made the phone-call because the whole thing is not a FERPA issue. Which I understand, but in your second post you said it might be a FERPA issue, and to notify the school. In the latter scenario, is the lady who made the phone-call at risk?

I apologize if you already answered my question, I just don't quite understand yet.

-verysadman:)
 
It comes down to if the job you applied for was only available to students at your university. If it was it seems that you may have a FERPA complaint against the university; if it wasn't, you don't seem to have a complaint with the school.

I don't believe you can file a complaint on her request. I can request FERPA, HIPAA, IDEA records on anyone. It's the holder's responsibility for the release, not the requester. So, her request shouldn’t be a FERPA concern. I’m sure your intent with the family friend isn’t retribution. I hope you would talk to her before ever considering filing a complaint.

I believe there is a way to concoct a scenario that may be a violation regarding the family friend. But at the least, I believe, you need the university to be in violation and the family friend would need to have re-released the protected information to an ineligible person, i.e., to your parent if you are not a dependent on their taxes. This whole area of employment records as education records is very vague to me. I think I would try to make the argument that employment status is directory information, but employment reviews, disciplinary actions are what is intended to be protected, but this is just opinion.

Please remember, a FERPA complaint win would most likely just require the university to change their procedures if the area is not addressed and/or a description of how employees will be informed.

I hope this helps. I was watching the Master’s as I answered. So, no guarantees on my response.
 

verysadman

Junior Member
Ok this settles it then.

Yes the job is one that is only open to students.

Also, I am not wanting to hurt the family friend, and if there is a risk to her I would not proceed. But, as it looks like there is no risk to her, I will mention it in my complaint.

Thanks
-verysadman:eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top