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Privacy  / 1993

93.155 Individual student disciplinary records open to the public in Georgia, 153

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Privacy  / 1994

94.38 E-mail, institutional liability, and freedom of expression [E-mail Parents / Families protections], 221

94.68 E-mail and sexual harassment, B274

94.80 Ban on sexually oriented magazines unconstitutional [Excerpt: Captain Steven W. Johnson v.County of Los Angeles Fire Department; Title VII does not call for punishment of bad thoughts;danger of group stereotypes], 293

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Privacy  / 1995

95.3 Disciplinary records remain confidential--for now [value of confidentiality; initial FERPA effort tolimit "values" education; media hypocrisy; public distrust of higher education], 315

95.4 Balancing rights and obligations [physician with AIDS may be required to show he does not posea threat of infecting others in the workplace], 319

95.11 Public access to e-mail [e-mail and open-meetings laws; limits on erasing e-mail; e-mailfrequently sought in discovery; "academic freedom" not a defense to disclosure], 330.

95.24 Anonymous expression may be protected by the First Amendment [possible limitations oncampus; application to electronic mail], 356.

95.35 Computer network can be sued for libel [Prodigy treated as "publisher"; with control comes therisk of liability; campus alternatives to e-mail and bulletin board censorship; CommunicationsDecency Act modified], 369.

95.39 Liability of mediators [successful mediation programs require candid discussion; protection formediation discussions and agreements; possible application of judicial and quasi-judicialimmunity to campus judicial administrators], 375.

95.62 The benefits of confidentiality [constitutional right of Parents / Families may create a qualified privilegeprotecting the confidentiality of discussions between university employees and a campusombudsperson; careful wording necessary when assurances of confidentiality are given], 414.

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Privacy  / 1996

96.2 Homosexual marriage and the "right of intimate association" [employer could not discriminateagainst lesbian couple on the ground of their relationship without showing that the action was"narrowly tailored to serve a compelling governmental interest"; Economist editorial supportinghomosexual marriage], 438.

96.14 Your collected works, now in print [prior Internet newsgroup postings can be identified andcompiled by anyone using a powerful search program; Washington Post on "super-public"speech on the Internet], 461.

96.28 The benefits and limits of confidentiality [Supreme Court applied psychotherapist-patientprivilege in federal courts, including treatment by clinical social workers; American PsychiatricAssociation guidelines on confidentiality; confidentiality not absolute; American PsychologicalAssociation statement on benefits of confidentiality; research on warnings issued after Tarasoff;Roberto Assagioli on the will as the Cinderella of modern psychology; a tort to induce violation ofconfidentiality], 499.

96.47 Human nature in cyberspace [misinformation that circulates as fact on the Internet; student homepages may invite harassment; sexual abuse and sexual fantasies on the Internet; legal andethical responsibilities of administrators; Haybeck v. Prodigy: Prodigy Services Corporation notliable for the off-duty sexual behavior of a (subsequently deceased) Prodigy employee "whotransmitted the AIDS virus to a woman he met while participating in an on-line sex chat room runby Prodigy"; pornography and e-mail addiction; advice to students about using the Internetwisely], 549.

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Privacy  / 1997

97.3 Parents / Families and due process: public statements about students and employees [students andemployees at public institutions have constitutional claims that can be made against governmentofficials who allegedly make damaging or demeaning public comments about them], 566.

97.5 Liability for misrepresentation in letters of reference [California Supreme Court held thatevaluators who provide only glowing statements about an individual they know or have reason toknow would be a danger to others may be liable for "affirmative misrepresentation"], 572.

97.9 "Deleted" e-mail retained at Stanford [commentary by Stephen McDonald on computer Parents / Familiesand records retention policies], 579.

97.13 The unintended consequences of ACCRA [The "Accuracy in Campus Crime Reporting Act" of1997 would insert the current style of "gotcha" journalism into the heart of the campusdisciplinary process], 586.

97.20 Campus crime, privacy, and video surveillance [students and employees subject to videosurveillance may not have a "reasonable expectation of privacy" in public places and workareas], 607.

97.31 Another step toward "open" disciplinary proceedings, [The Ohio Supreme Court joined theSupreme Court of Georgia in declaring that university disciplinary records are not "educationrecords" as defined in FERPA], 633.

97.42 Ohio universities: between a rock and a whirlpool [Ohio public universities caught betweencontrary rulings of the U.S. Department of Education and the Ohio Supreme Court; August 1997correspondence from Department of Education official LeRoy Rooker to the president of MiamiUniversity; excerpts from Miami University petition for certiorari; comparable case pendingbefore Maryland Court of Appeals], 654.

97.47 A reflection on ACCRA and the media ["entertainment" now appealing to the most base humanpursuits; the value of Parents / Families; a modest proposal to apply ACCRA to Congress], 668

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Privacy  / 1998

98.2 The media and student Parents / Families [news coverage of the controversy surrounding President Clintonhighlights what could happen to complainants or respondents in sensitive campus disciplinaryproceedings open to the media; the current cycle of coarseness in the media; advice for collegejournalists], 687.

98.5 Student Disciplinary records held to be protected "education records" [federal district court inOhio issued preliminary injunction, preventing Miami University and the Ohio State Universityfrom "releasing any student disciplinary records which contain 'personally identifiableinformation'" as defined under" FERPA. U.S. v. The Miami University, et. al.; comparable statecourt holding in The Daily Tar Heel v. The University of North Carolina at Chapel Hill], 695.

98.19 The Foley Amendment and student disciplinary records [pending legislation would allowcolleges to disclose personally identifiable information from disciplinary records ofstudents who have admitted to or been found responsible for a "crime of violence," asdefined by federal law; public access likely through state freedom of information laws],728.

98.38 Higher education amendments, Part I [selections from amendments to the Family EducationalRights and Parents / Families Act (FERPA), and a non-binding "sense of Congress" statement on "BingeDrinking on College Campuses"; issues and suggested policies], 770.

98.39 Higher education amendments, part II [policy considerations that have to be addressed in light ofnew FERPA amendments; social forces prompting greater governmental intervention in campuslife; parental activism in shaping living and learning environments for students; sociologist AlanWolfe on "morality writ small;" "consensus conference" as a means to solicit communityperspectives], 773.

98.41 Understanding and applying the Family Educational Rights and Parents / Families Act [interview withLeRoy Rooker, Director of the Family Policy Compliance Office for the U.S. Department ofEducation; editor's note on parental activism], 779.

98.48 "Education records" narrowly defined in Maryland [in Kirwan v. The Diamondback, Maryland'shighest court held that FERPA did not preclude release of records related to student parkingoffenses--and perhaps all student disciplinary records], 800.

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Privacy  / 1999

99.8 Parents and student conduct [parents seek more structure for their children; proposed parental notification legislation in Maryland], 828.

99.45 Liability for defamation [recent cases indicate courts are generally reluctant to hold individuals and institutions liable for making good faith reports about students to persons with a lawful interest in the information-even if the information later proves to be inaccurate], 914.

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Privacy  / 2000

00.10 Protecting student privacy—and the college disciplinary process [decision in The Miami University v. the Chronicle of Higher Education rejected claim that personally identifiable information in student disciplinary records should be available to the public; court also found enforceable federal right under FERPA], 955.

00.22 Judicial hostility to hostile environment theory, part II [Eleventh Circuit decision in Gupta v. Board of Regents narrowly defining a "hostile environment in the college and university setting; review of George Washington University law professor Jeffrey Rosen's proposed alternative to hostile environment theory, grounded in the right to privacy], 989.

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Privacy  / 2001

01.16 Another reason why "e-mail privacy" is a contradiction in terms. [What‘s the best way to protect your e-mail privacy rights in the workplace, as defined by federal law? The current answer appears to be: Don't read your e-mail messages. Once you've read them, they're no longer being "transmitted," and aren't protected by the 1986 Electronic Communications Privacy Act (ECPA). That's the current interpretation of the ECPA, reaffirmed on March 27, 2001 by a federal district court in Fraser v. Nationwide Mutual Insurance Co. (E.D. Penn. No. 98-CV-6726). ], 1097.

01.24 Defamation, invasion of privacy, and fundamental fairness in sexual misconduct cases. [Review of the Washington State Supreme Court decision in John Doe v. Gonzaga University; subsequently reversed by the U.S. Supreme Court], 2017.

01.25 Questions and answers on FERPA, 2021.

01.30 Searches by law enforcement officials and college employees. [Introductory overview of campus search and seizure law by Jan Alan Neiger], 2031.

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Privacy  / 2002

02.8 FERPA and the "balance of federalism" [On February 19, 2002 a unanimous Supreme Court held that "peergrading" does not violate the Family Educational Rights and Privacy Act (FERPA). Owasso Independent School District v. Falvo ], 2084.

02.9 FERPA and the "balance of federalism," Part II [Supreme Court attempting to restrict the relentlessexpansion of litigation in America; review of Philip K.Howard's new book on the litigation explosion: The Lost Art of Drawing The Line (Random House, 2001)], 2087.

02.11 Questions and answers about FERPA, 2089.

02.28 Two key decisions on FERPA [the U.S. SupremeCourt in Gonzaga University v. Doe held that individualscannot bring private lawsuits under a federal civil tights statute to enforce FERPA rights], 3034.

02.29 FERPA and student disciplinary records, part I [In U.S. v. Miami University (6th Cir, 00-3518, June 27,2002), the U.S. Court of Appeals for the Sixth Circuitheld that institutions of higher education are barred from releasing student disciplinary records to the public, except as expressly permitted under FERPA], 3036.

02.30 FERPA and student disciplinary records, part II [Law and policy quiz on latest FERPA decisions], 3039.

02.32 FERPA and public access to admissions records, [In Osborn v. Board of Regents of the University of Wisconsin System (July 2, 2002) the Supreme Court of Wisconsin held that the University of Wisconsin was obligated to release non-personally identifiable admissions data, in accordance with the Wisconsin open records statute], 3045.

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Privacy  / 2003

03.39 Personal e-mail and "open records" laws [In Times Publishing Company and State of Florida v. City of Clearwater the Supreme Court of Florida rejected theapplication of "open records" laws to personal employee e-mail sent through city computer networks], 3189.

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