ND's sexual assault cover-up

So the Chicago Tribune posted a story detailing evidence that the University of Notre Dame is covering up a sexual assault by a football player.   Although the Trib got some things wrong, the university is being dishonest.  Notre Dame explained its silence by claiming it was prohibited from candor by FERPA regulations.  This explanation is simply false.  I pointed this out to the propagator of the false press release, and she responded that the university is not under an obligation to expose the student.  Of course there is no prohibition from making any comment on the case, despite the university's false claims.  One can review the email exchange below.  You'll want to start at the bottom.  

---------- Forwarded message ----------
From: Jan Botz <botz.1@nd.edu>
Date: Tue, Nov 30, 2010 at 10:53 AM
Subject: RE: Chicago Tribune Story
To: Neil Griggs <cornelius.griggs@gmail.com>

Dear Mr Griggs,

 

Thanks for your note and question.  I've consulted internally to get you an answer and this is what I found out:

 

FERPA prohibits the University from discussing disciplinary cases because the records which make up the disciplinary cases are considered a student's education record. This is why we are unable to comment, acknowledge or otherwise discuss any incident involving potential student discipline.

 

FERPA does not apply to college or university police department records. Notre Dame Security Police Department is governed by protocols applicable to all local agencies who do not release their records during investigation to the press. In addition, under the Indiana Access to Public Records Act (APRA), private college and university police departments in Indiana are not public agencies and therefore are not required to produce records.  This interplay between FERPA and Indiana's APRA has not been addressed in the media.  I hope this clarifies the situation.

 

 

Jan

 

Janet M. Botz

Vice President

Office of Public Affairs and Communications

University of Notre Dame

405 Main Building

Notre Dame, IN   46556-5602

Tel:  (574) 631-6798

Fax: (574) 631-3001

E-mail:  botz.1@nd.edu

_________________________________________

Sarah A. Gotsch
Officer Assistant

Office of Public Affairs and Communication

University of Notre Dame
405 Main Building
Notre Dame, Indiana  46556      
Tel:  574-631-6798
Fax: 574-631-3001

Email:  gotsch.3@nd.edu

 

From: Cornelius Griggs [mailto:cornelius.griggs@gmail.com]
Sent: Tuesday, November 23, 2010 12:44 PM
To: Jan Botz
Cc: IRISHLINK-URGENT@listserv.nd.edu
Subject: Re: Chicago Tribune Story

 

I would think FERPA would not apply to this case.  Not being a lawyer, I could have it wrong.  Please see http://www2.ed.gov/policy/gen/guid/fpco/ferpa/leg-history.html

 

"Education records" was defined in the 1974 amendments as "those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency or institution or by a person acting for such agency or institution."

Four categories of records were excluded:

1) records in the sole possession of instructional, supervisory, and administrative personnel; 2) records of a law enforcement unit which are kept apart from "education records," are maintained solely for law enforcement purposes, and are not made available to persons other than law enforcement officials of the same jurisdiction, provided that personnel of a law enforcement unit do not have access to "education records"; 3) records of employees who are not also in attendance; and 4) physician, psychiatrist, or psychologist treatment records for eligible students.

The conferees stated their intention that the Department interpret the term "treatment" narrowly to limit the exemption for such records to those similar to those enumerated, and not remedial educational records made or maintained by education professionals. They also stated they did not intend to disrupt existing parental and student rights to confidentiality. Conference Report No. 93-1409, Joint Explanatory Statement of the Committee of Conference, for P.L. 93-568.

At the request of the Secretary of Education, Congress amended the "law enforcement unit exception" in 1992 to eliminate the unworkable and unintended results of the prohibition on sharing education records with the law enforcement unit. The exclusion now applies to "records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement."

 

On Tue, Nov 23, 2010 at 11:37 AM, Jan Botz <botz.1@nd.edu> wrote:

Dear Faculty, Staff and Students, 

As I'm sure you have read, the Chicago Tribune has published a story about the tragic death of a Saint Mary's College student, Lizzy Seeberg.  

 

There is a law in place known as Family Educational Rights and Privacy Act (FERPA), which prohibits universities from publicly discussing specific disciplinary cases.  As a consequence, we cannot at this time publicly correct many of the false impressions created by the Tribune story, but suffice it to say as a general matter, any time that an allegation is made that a law or university policy may have been violated, we have a longstanding process in place to learn the facts and eliminate rumors, which leads to a determination of what action – if any – is appropriate to take.  At the same time, our police department works closely and collaboratively with local law enforcement agencies, including the St. Joseph County Prosecutor's Office, which includes officials from the special victims unit.  Both the Prosecutor's Office and the St. Joseph County Police have issued statements correcting some aspects of the Tribune story and affirming the valuable and professional work of our Notre Dame Security Police. You may wish to read today's South Bend Tribune story for additional information http://southbendtribune.com/article/20101123/News01/311239997/1130.

 

I also would like to take this opportunity to reiterate Notre Dame's commitment to address the issue of sexual violence in all of its forms.  We actively seek to prevent sexual assault, address unacceptable and/or unlawful behavior when it occurs, provide resources and support for those who have been victimized, and ensure the safety and well-being of every student.  For more information about campus resources, please visit www.csap.nd.edu.  

 

It is and always will be a central tenet of Notre Dame's mission to learn the truth and to act in accordance with it.  As you read stories about any matter that involves our careful and thorough process, I urge you not to arrive at any conclusions until all the facts are known.  Only through a serious, informed and fair process can justice be served.  Such a process will always be our focus.

Sincerely,

 

 

Janet M. Botz

Vice President

Office of Public Affairs and Communications