Washington, DC-Security On Campus, Inc. (SOC) joined with the Reporters Committee for Freedom of the Press and several other organizations to file a friend-of-the-court brief with the U.S. Supreme Court last week, arguing that the Court should shield colleges and universities from being sued by students, including those accused of campus crimes, for violations of the Family Educational Records and Privacy Act (FERPA). The federal privacy law requires schools receiving federal funds to keep student records confidential.

"There should be no double standard for students accused of crimes, their names should be public just as any other 18 or 21 year old's would be if they were accused of off campus crimes," said Howard K. Clery, Jr., co-founder of Security On Campus, Inc. FERPA is often used to keep alleged criminal misconduct handled by colleges and universities private, and unknown to the outside world.

A student, known in court papers as John Doe, sued Gonzaga University for what he felt were violations of FERPA. He had learned that information regarding allegations of sexual misconduct was shared among university employees and an investigator with the state agency responsible for teacher certification, which led the university to deny him an affidavit of good moral character, a requirement to be certified as a teacher in the state. University employees pursued investigations into the allegations even though the alleged victim refused to bring formal charges and later denied the allegations. At least one employee spoke to an outside state agency about the allegations, referring to the student by name.

FERPA does not provide a remedy that would allow an individual to sue an educational institution for violation of its provisions, but Doe sued under the federal civil rights statute that allows suits for official violations of constitutional and statutory rights. The amicus brief argues that such a claim, commonly called a "Section 1983" claim, can only be used to protect those interests that rise to the level of "right" and the privacy interests addressed by FERPA do not rise to that level.

SOC along with the journalism and public access groups argued that if such claims are allowed, it will be more difficult for the public to get information from agencies, especially from schools and universities that are already hesitant to release anything. Government agencies and educational institutions would stop releasing important records for fear of massive civil rights litigation. For example, schools are already reluctant to release campus crime reports, even with evidence showing that the release of these reports would help potential victims avoid crimes committed against them.

Oral arguments in the case, Gonzaga University v. Doe, are scheduled for April 24th. The brief was also joined by the Student Press Law Center, and the Society of Professional Journalists.

Additional Information-

Gonzaga v. Doe Amicus Brief (text)

Gonzaga v. Doe Amicus Brief

John Doe v. Gonzaga University (Washington state Supreme Court ruling)