Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

S. Dan,
 
I'd like to believe yours is a correct FERPA interpretation, but I'm  not so 
sure.  The fact that a complaint has been made would personally  identify the 
accused student if you revealed to a 2nd victim that another  complaint was 
made.  You're splitting a hair I fear is unsplittable.   Have you a citation 
to 
support your position?  Please see mine below,  regarding the "easily 
traceable" provision:
 
"Under FERPA an eligible student must provide his  or her prior written 
consent before an educational agency or institution  discloses personally 
identifiable information from his or her education records.  20 U.S.C. § 
1232g(b); 34 
CFR § 99.30. Section 99.3 of the regulations defines  the "Personally 
identifiable information" as information that includes but is  not limited to:
    1.  the student's name; 
    2.  the name of the student's parent or other family member; 
    3.  the address of the student or the student's family; 
    4.  a personal identifier, such as the student's social security number  
or student number; 
    5.  a list of personal characteristics that would make the student's 
identity  easily traceable; or 
    6.  other information that would make the student's identity easily  
traceable."

Regards,

Brett A. Sokolow, JD
Special Advisor to  the United States Air Force Academy
Special Counsel to the VP for Student  Affairs, Saint Mary's College (IN)
Special Counsel to the President, Hobart  and William Smith Colleges
Special Counsel for AOD Issues, Barton County  Community College
Special Counsel for Student Conduct Issues, Warren Wilson  College
Special Counsel to the Dean of Students, Hendrix  College

President, The National Center for 
Higher Education Risk  Management, Ltd.
"Best Practices for Student Health and  Safety"
(a not-for-profit corporation)
20 Callery  Way
Malvern, PA 19355-2969
Tel. (610) 993-0229
Fax (610)  993-0228
www.ncherm.org



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