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

Wendy,
 
I think some repeat perps will fall into the emergency category.  But,  if we 
say all will, we are being overinclusive.  I want to stop them as  much as 
you do, but I want to stop them using the law, not bulldozing it.   
Otherwise, 
if we cut corners, their attorneys will have us for lunch.  I  want our 
actions 
to hold up to legal contest.  
 
In terms backing up my assertions on records of local police being  protected 
under FERPA once shared, a colleague directed me to the following  case:
 
In Belanger v. Nashua, New Hampshire School District, 856 F. Supp. 40,  48-50 
(D.N.H. 1994), a federal court held that records pertaining to a student's  
juvenile court proceedings that were maintained by the school district's  
attorney were "education records" under FERPA. In so holding, the Belanger 
court  
stated that both the plain language of the statutory definition of "education 
 
records" and the legislative history of the Buckley-Pell amendment made clear 
 
that "education records" included any documents pertaining to a student that 
are  maintained by the institution.
 
I have yet to read the case, but at first blush, it seems to concur with my  
belief of how FERPA works.
 
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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