Dick Robertson Alketa Wojcik Vice President, Student Services Associate Dean of Student ServicesMiraCosta College MiraCosta College, San Elijo Campus(760) 795-6898 (760) 634-7806drobertson@miracosta.edu awojcik@miracosta.edu

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ObjectivesCreate 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.

OverviewContextFERPADisability Law and WithdrawDiscipline Policy – MediationRegion X Sharing InformationLegislation UpdateFuture Implications

ContextSocio-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.

FERPA

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

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Privacy & ConfidentialityInformation 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

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).

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FERPAIf 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)

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“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.

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“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, DisciplineA service or benefit for the studentThe evaluation of a student’s academic workMaintenance of campus safety and security, andAny action or interest relating to the planning or

execution of the College’s academic, administrative, employment or financial programs10

Disability LawDesigned to protect people with disabilitiesRehabilitation 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.

Disability and Student ConductSupreme Court has a tradition of deference

to higher education academic decisionsThe 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.

Direct Threat Follow-upMandatory assessment

Establish a policy on mandatory assessmentMust be related to direct threat

Involuntary WithdrawalInstitutions can remove students based on direct

threat

Conditional ReadmissionHave an established readmission policy to avoid

being discriminatoryBase it on the direct threat and not on the disability

Threat AssessmentThreat assessment strategies being deployed

at some San Diego Community CollegesSignificant increase in psychological illness

(economic pressures?)Who should be involved in threat assessment?To require counseling or not to require

counselingWhat happens when the determination is that

there is a threat?

Discipline ChallengesWhat 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.

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)

Very few disciplinary hearings; most issues resolved in mediation

Sharing Student Discipline – Region XNew interpretation of FERPA privacy rights

when there is an imminent threatSan Diego Community Colleges decide to

share discipline informationRegional agreement Share only the most serious discipline information;

suspensions and expulsionsReceiving college interviews student, who has been

suspended/expelled from another area college Offending student warned and informed of

consequences of repeating aberrant behaviorCSSO decides whether or not to involve campus

police

Region X – Notification FormatName 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.

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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.

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Current Proposal/ConsiderationsSystemwide 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.

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ContinuedSystem 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.

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Future ImplicationsConsider 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