The fight for privacy on a campus of headlines

You may think FERPA is a new stuffed animal similar to the Ferbie, but this acronym is much more important, as it has important consequences that can not only affect the lives of Penn students, but also the lives of college-goers across the country. While (hopefully) no one is planning on getting into fights or becoming involved with Penn's Office of Student Conduct, it is still important that all students have an understanding of how recent changes to Family Educational Rights and Privacy Act can affect you. FERPA legislation dates back to 1974 and is credited with protecting students' educational records. Before 1998, all records from a college's judicial system -- like Penn's OSC -- were considered confidential because of FERPA. Due to recent changes in the law, however, universities can now release to the public the results of a disciplinary matter in which a student has been found responsible for violating the institution's policy with respect to conduct that would constitute a "crime of violence" or a "non-forcible sex offense." The Daily Pennsylvanian has been a fervent supporter of the release of this information as a means of informing the public of what is taking place on campus. Recent staff editorials ("Air, water, information," DP, 2/7/01) have mentioned that the release of this information may act as a deterrent by causing students to think twice before getting in a fight after a party. Also, by releasing the end result of the OSC's proceedings, the Penn community can ensure that the office is being fair in its punishments. But is this really the case, and is there some vested interest in getting at this information that we're not realizing? Consider the following hypothetical situations: Say you get in a fight with a friend at a party and you go before the OSC. It's a one-time mistake, but because of changes to University policy, your name could be in the next headline. Or, imagine someone who is the unfortunate victim of a non-forcible sex offense. Too afraid to turn to the criminal justice system, she instead takes her case to the OSC thinking this can be dealt with on a confidential basis, only to discover that she might find the story on the front page of the DP as well. This brings up another interesting point. Why is the DP such a fervent advocate of the release of this type of information? Would these stories make great front-page news, or is the DP really concerned about the student body's well being? So what would be a prudent course of action given the change in the law? Of course, student safety is important and should be a concern. But isn't privacy also important? The OSC is not a court and its proceedings do not guarantee the same protections for the accused. Should we treat those brought before it in the same way and slander their names? Here are some suggestions that would not violate students' privacy: Compile a list of hypothetical crimes and hypothetical punishments so students can see that their actions do have consequences. Furthermore, the periodic release of general statistics of incidents brought before the office and the punishments with which these crimes were met would give students a picture of safety on campus and the level of fairness the office maintains when dealing with student offenders. Some of this information is already available but publishing it more prominently may alleviate concerns. Make your voices heard on this important issue. Write letters to the DP and contact administrators. And let's hope that the next time we hear something like FERPA, it really is those stupid little talking bears.

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