A recent U.S. District Court ruling stating that colleges cannot release files from student judicial proceedings endorses the University's conviction that student records from disciplinary proceedings should remain confidential.
The Court ruled that student disciplinary files qualify as "educational records" under the Family Educational Rights and Privacy Act, which prohibits disclosure of student records that include personally identifiable information or that the students or parents have not authorized for release by the college.
The decision emphasized that colleges will be expected to publish annual statistics on the number of crimes on campus, including data on murder, rape, robbery, aggravated assault and hate crimes. University Police currently compile such statistics annually.
University policy now states that student disciplinary records, which could include records of student judicial proceedings, are confidential. These records may only become available to someone outside the University at the student's request. If a student is considered a dependent on his or her parents for tax purposes, parents may access the records but may not request their release to an outside party.
The University's Honor and Judiciary Committees' constitutions and bylaws maintain that in a trial, the accused has the right to have all personally identifiable information kept confidential and all proceedings held against him to be either private or public.
Honor Chairman-elect Thomas Hall said the Honor Committee's "primary responsibility is confidentiality" for the accused student.
Law Prof. Robert O'Neil, a former University president, said he believes "U.Va. policy is partly driven by FERPA and partly by our own sensitivities on this issue."
O'Neil said the ruling confirms the existing policy at the University, so he does not expect to see any alterations in the University's judicial proceedings.
Critics of the ruling argue that colleges will be inclined to hide illegal or potentially embarrassing incidents from the public and that the ruling impairs journalists' ability to assess and publish reports concerning the fairness of university judicial systems.
But O'Neil said other viable means of evaluating student judicial systems exist and the undisclosed files are not the sole source of relevant information.
Honor Education School Rep. Jim Haley said he believes students are capable of maintaining a fair and effective system confidentially.
Critics also allege the ruling may instigate an increase in crime because it eliminates embarrassment for students on trial.
But Hall said he disagrees with this argument.
"When someone is given the single sanction of dismissal, there is no need to publish their name or embarrass them. It is inappropriate," he said.
Haley said "the primary concern is the confidentiality of the student" and with respect to that principle, he gives the ruling "two thumbs up."
UJC Chairwoman-elect Lissa Percopo said "confidentiality is an educational tool ... Sanctions are more punitive [rather than educational] if they are known"
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