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Policy on Confidentiality

We respect the privacy of individuals and will err in favor of confidentiality whenever possible. It is the policy of the OSD to hold confidential all communications, observations and information made by and/or between students, faculty and staff.

OSD regards the information it keeps about students as educational records (The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy of student education records. OSD may release information to University faculty and staff on a "need to know" basis. The need to know must be based on compelling and legitimate educational reasons for the information disclosure. Generally speaking, faculty and staff do not need to know what the student's disability is. University officials merely need to know that OSD verified the disability and the student's right to reasonable accommodations. Likewise, faculty and staff (outside of OSD) have no right to access student files directly. On occasion, internal auditing and monitoring of student information may occur, but only under the strictest confidentiality protections.

An Authorization for Release of Information form shall be obtained from the student to release confidential information to persons or entities outside of the University. This includes parents, family members and significant others. On occasion, third parties such as courts of law, civil rights investigators, etc. may legally order OSD to release information with or without a signed authorization from the student.

It is required of all staff, including graduate assistants, and work-study students of the Office for Students with Disabilities at UT Arlington to abide by this confidentiality policy. All of the aforementioned personnel are accountable for maintaining the department's confidentiality. Information (written or verbal) will be released only if written/verbal permission of the student involved is obtained. Under no circumstances is confidential information to be given out unless stated in the student's authorization of release of information. Any breach of this policy will result in immediate disciplinary action with the employee.

8/18/03 updated

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