Privacy under the Americans with Disabilities Act
All materials pertaining to a student’s disability are treated with great
care and held privately. The University respects the sensitive nature of these
files. This policy is based upon government mandates regarding the treatment of
disability-related information.
- Any written material obtained is used to verify the disability and plan for
appropriate services.
- Disability-related information for students at USP is either with the Assistant
Dean of Students or the Affirmative Action Officer. Each individual has a separate
file housed in a secure location. The exception to this is communication with
a student’s Academic Dean or designee and faculty.
- The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as
the Buckley Amendment, and the Americans with Disabilities Act (ADA), do not automatically
give faculty access to specific disability-related information; however, they
will be informed of approved accommodations in order to implement them.
- The disability or other pertinent information may be disclosed to those individuals
with a need to know. In general, a student’s disability and accommodations
may be disclosed, without the student’s express permission, to University
employees with a need to know. This need to know must be balanced against the
student’s interest in keeping his/her medical records private.
- An individual may request to review the contents of his/her own file. This
review must be coordinated by making an appointment with OSDSS and will be done
in the presence of the Coordinator for OSDSS. All information in the file is the
property of USP. A fee may be applied if copies of content are given to
the individual.
- Records are retained throughout the student’s tenure with the University,
and for 7 years following graduation or exit from the University (as of 2005).
- Students must sign a release of information form in order for specific information
to be shared with other offices or people, including their parents, unless otherwise
noted in this overview.