Communication
As our integrated approach to campus safety and security rises to meet new demands, the way different disciplines communicate with each other becomes integral to the success or failure of emergency response.
This page is intended as a space to share already-established communication plans and continue to brainstorm ways of reaching optimal communication, both among departments on campuses and with other organizations interacting with campuses.
Confidentiality and Privacy Laws
One of the issues we are confronted with when creating crisis communication plans is how best to achieve a balance between releasing appropriate information in service of security and safety while maintaining confidentiality. Please consider the following article and video presentation:
Campus Security and Privacy Issues
by David Fedder, Adam Hanna and Gerald Wilmes
Confidentiality Laws and Crisis Communication
presented by Brett Sokolow, J.D., NCHERM
Windows Media File of presentation given at the 2008 Campus Security Summit
Campus Security and Privacy Issues (posted December 16, 2008)
by David Fedder, Adam Hanna and Gerald Wilmes
The Virginia Tech tragedy necessarily caused colleges and universities to experience heightened awareness regarding the various issues affecting campus security. Educational institutions and state and federal governments scrutinized the events leading up to the tragedy in an effort to determine what, if anything, might be done in order to avoid similar incidents in the future. A repeated theme in a number of these studies was the reluctance of school officials to share information about troubled students with other officials – even within the same institution.
While “information silos” within colleges or universities present a major obstacle to achieving a safe, secure campus, review of the privacy restrictions at issue indicates that many of the privacy-related concerns which have apparently inhibited information flow are misplaced. For example, the majority of the laws at issue expressly permit disclosure of otherwise confidential information when health or safety are at risk. College and university administrators must be well-versed in the contours of these laws in order to facilitate the appropriate gathering and, as appropriate, sharing of important information.
This information was last updated on December 16, 2008. It is important to note that this page is intended as a starting point, or a primer, to direct you to some of the numerous resources available to you on this subject. As always, should you have questions or concerns regarding a specific situation or issue, you should seek legal advice.
Other Resources for Student Information Privacy:
Confidentiality of Alcohol and Drug Abuse Patient Records or 42 CFR Part 2
Ø CFR Resources
· Jade, Rose, "The Secret Life of 42 CFR Part 2 - What Every Defender and Investigator Needs to Know About Patient Records from Federally Funded Drug or Alcohol Treatment Centers" . The Champion, Vol. 30, No. 34, April 2006. Available at SSRN: http://ssrn.com/abstract=1128955
Family Educational Rights and Privacy Act of 1974 (FERPA)
Ø FERPA Resources:
· Christine R. Williams, FERPA, GLBA and HIPAA: The Alphabet Soup of Privacy (2007)
[1] Under FERPA, parents have certain rights to their children’s educational records. These rights transfer to the student when she reaches the age of 18 or attends a post-secondary school.
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Ø HIPAA Resources
Duty to Protect
Ø Tarasoff
In Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), the California Supreme Court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by their patient. The court held that the mental health professional may discharge the duty to protect in several ways, including notifying police, warning the intended victim, or taking other “reasonable steps” to protect the threatened individual.