Q&A
Legal limitations on sharing complaint information (FERPA)
0:31:04
·
4 min
The discussion focuses on the legal limitations, particularly FERPA (Family Educational Rights and Privacy Act), that affect CUNY's ability to share information about complaints and their outcomes.
- Chancellor Rodriguez and CUNY General Counsel Derek Davis explain that FERPA laws limit what information can be shared publicly
- Davis clarifies that CUNY has a fiduciary responsibility to protect the privacy of both complainants and respondents
- The conversation highlights the complexity of balancing transparency with legal privacy requirements
Felix Matos Rodriguez
0:31:04
Well, I mean, we'll be setting that up with the vendor, with with the CRM.
0:31:08
So we can we can craft that in any way that that is but, you know, you're getting live information, so the complaint should be able to be done on a fairly easy basis.
0:31:18
Even, you know, quarterly, seems extremely reasonable.
Eric Dinowitz
0:31:22
In the past, we've gotten, I guess, what I view of as excuses, but other people may view of as just the reason why students can't get updates about this.
0:31:36
And they would share with us these are presidents of universities that would say, well, FERPA laws prevent us from sharing information with students about updates on the case.
0:31:46
What I'm hearing you say today is that's legally not the case, and students can receive updates about whether their claim is being adjudicated and the results of their claims?
Felix Matos Rodriguez
0:31:57
Well, I mean, the the information going back to the students would be following all the FERPA laws.
0:32:02
Right?
0:32:03
So we'll be communicating with the students what we normally can communicate in any of those cases.
Eric Dinowitz
0:32:08
And what can you normally communicate?
Felix Matos Rodriguez
0:32:11
It it depends on the case.
0:32:12
I mean, I don't know if if, the general counsel wants to take that more technical question.
Eric Dinowitz
0:32:17
I would love it.
0:32:18
Please.
Derek Davis
0:32:18
Thank you.
Eric Dinowitz
0:32:19
And just please speak and make sure the microphone's on and
Derek Davis
0:32:21
thank you, chancellor, and thank you, counsel.
0:32:25
A response to a Title VI complaint is really not very different than a response to Title IX.
0:32:30
The university has a fiduciary responsibility to protect not only the complainant, but the respondent.
0:32:37
And in certain instances there are times when the actual disposition of the case, depending upon the individual I assume my mic is on.
0:32:48
Now, can you hear me, sir?
0:32:51
Let me begin.
0:32:51
Again, thank you for your question, councilman Dinowitz.
0:32:55
Title 6 is not very different than title 9, title 2, or Title 7 in investigating cases of discrimination.
0:33:07
The university has a fiduciary responsibility to not only, consider the privacy and the, security and safety of the complainant, but the respondent.
0:33:18
And in some instances, when when one is investigated and these investigations are conducted at typically the campus level, they do take time.
0:33:27
Witnesses have to cooperate.
0:33:30
Many of these complaints that you've referred to, some of them, I shouldn't say many, that would be hyperbolic, but a substantial number of them come in anonymously.
0:33:37
But that doesn't leave us of our responsibility as an institution to investigate them.
0:33:43
But it does make our responsibility difficult because we have to get evidence.
0:33:48
And, once the evidence is had and once, a resolution can be had, a dis a disposition will be made.
0:33:55
But no way will the university violate anyone's privacy rights, or privileges as an institution or jeopardize the safety and welfare of an individual on our campus by disclosing, the outcome of a matter that, where a student has a future as well as a faculty member or staff at the university.
0:34:15
We don't do that now.
0:34:16
We don't do that in title 9.
0:34:18
We don't do that in title 7.
0:34:19
And I dare say we will be doing it in title 6.
0:34:22
However, students will know if they identify themselves how these matters are handled and they will be attended to and they'll get support and they will get counseling on their campuses.
Felix Matos Rodriguez
0:34:32
Let let me just I mean, just to be clear.
0:34:35
Right?
0:34:37
As someone who's talked to the students and has listened to similar complaints about the portal.
0:34:42
Right?
0:34:42
The feedback that I've gotten is that you don't hear at times what the status of the complaint might be.
0:34:50
Right?
0:34:51
And this the the c r the CMS will do this automatically, will give you updates to be able to do that.
0:34:58
If also there's some engagement that that that you're involved with.
0:35:03
Right?
0:35:04
In in the particular of the case, obviously you'll be contacted by student affairs or the appropriate body in the campus so that you will know about the the campus.
0:35:14
I think the complaint has been that they don't know whether the how the investigation is going and they don't get any notice, and the system would definitely do that.
