FOR COMMENT On Notification of Parents in Alcohol/Drug
Violations
We present to the Penn community the report of the Committee on Changes
to the Family Education Rights and Privacy Act (FERPA), which governs disclosure
of certain educational records. The committee, led by Dr. Rick Beeman, dean
of the College of Arts and Sciences, was comprised of faculty, students,
and staff. During its deliberations, the committee focused its concern on
those changes to FERPA enacted in October 1998 which permit colleges and
universities to disclose to parents certain instances in which their son
or daughter have violated the school's drug or alcohol policies. The report
provides a framework for considering if, how, and when the school should
notify parents of these instances. (It should also be noted that the amendments
to FERPA also now permit colleges and universities greater latitude in making
public information relating to disciplinary matters involving crimes of
violence. The committee will reconvene shortly to consider the complex issues
relating to this change in federal law.)
The recommendations of the committee and its consultation efforts
are documented in the report. We are calling for comment as the next phase
in the consultation process. In order to ensure that the campus community
has time to deliberate and offer us input, we will welcome comments until
Friday, October 15. Please send comments to FERPA@pobox
or write to us respectively at 100 College Hall/6380 or 110 College Hall/6303.
We will also look forward to campus-wide discussions such as the one being
planned by the Undergraduate Assembly. We will make a final policy decision
after the comment period concludes.
--Judith Rodin, President, and Robert Barchi, Provost
Report and Recommendations of the Committee on Changes
to the Family Educational Rights and Privacy Act (FERPA)
In response to the October 1998 amendments to FERPA, the President and
Provost convened a committee to advise them about what changes, if any,
the University should make with respect to its policies on disclosure of
certain educational records. In particular, the committee focused on the
issue of "parental notification", i.e. whether and under what
circumstance the University should notify the parents of students under
21 when the student has violated University policy with respect to the use
or possession of alcohol or drugs, as the law now permits. Penn's current
policy is to notify parents only when a student faces serious and immediate
health/medical risk (see Penn's current Confidentiality policy--PennBook
1998-99, p. 31).
Committee Work and Consultation
The Committee met several times and also sought the input of a broad
spectrum of the Penn community and other higher education institutions.
The Committee sent inquiry letters within Penn to the Athletic Department,
Admissions Office, student groups, health educators, University Council's
Student Affairs Committee, and parents. Our primary responses came from
students, health educators and parents. Rick Beeman and Michele Goldfarb
met with a group of parents of undergraduates from the College. The students
on the Committee, Jamie Lustbader and Paul Goydan, compiled responses from
a sampling of undergraduate students at Penn. Kate Ward-Gaus, Penn's health
educator on alcohol and related issues, explained her position on parental
notification to the Committee. Finally, Michele Goldfarb met with University
Council's Student Affairs Committee and received a recommendation from that
group.
The Committee also sought information regarding how other schools were
reacting to the legislative changes. We reviewed a wide variety of responses
and it is fair to say that there is a wide diversity of opinion on this
issue. The responding schools were about evenly divided, with half choosing
not to alter their current policies as a result of the new law and about
half responding with a change in policy. Among those choosing to change
their notification policies, a minority chose to notify parents anytime
an undergraduate student violated alcohol policy. However, a majority has
chosen to notify parents only in specific situations usually involving multiple
violations, health risks, or serious accompanying disciplinary matters (e.g.
potential suspension from school and/or eviction from University residence).
Ultimately, our Committee concluded that Penn should move in this direction,
notifying parents of alcohol violations under specified circumstances.
The Committee's Consensus re: Policy Considerations
The consensus of the Committee was that, in general and as a matter of
principle, the University's long-standing approach of respecting the autonomy,
privacy and adult status of our students, should continue to guide our notification
policies. Therefore, there was little enthusiasm for notifying parents every
time a student was involved in an alcohol infraction. There was also a strong
belief on the Committee that the act of notifying parents should not be
conveyed as a "punitive" action or be used as a "threat".
In addition, there was a sense that the act of notifying parents could be
used as a means of generating discussion, particularly between our students
and their parents, which would be constructive and compatible with the University's
educational mission. Finally, there was a concern within the Committee that
parental notification that occurred only after a student found him or herself
in repeated or serious disciplinary trouble was both too late for that particular
student and also was likely to reach only a very small percentage of the
student population, some of whom could benefit from earlier parental intervention.
Within its general consensus on the importance of protecting student
privacy and confidentiality, the Committee (and the Penn constituents whose
input was received) felt strongly that there were certain circumstances
which overrode these values, and when such circumstances were present, the
ability of the parent to be helpful and/or the parents' need to be informed
outweighed other considerations.
Committee Recommendation
The Committee recommends that the University continue to notify parents
and guardians of students, regardless of the student's age or disciplinary
status, in cases of emergency such as injury, extreme or life-threatening
health risk or where there are other serious concerns regarding a student's
mental or physical health. It is the Committee's understanding that this
is not a departure from current practice. It is anticipated that this notification
will continue to come from the VPUL or her designee.
In response to recent legislation, the Committee further recommends that
the University grant the Director of the Office of Student Conduct the discretion
to determine whether and how to notify parents or guardians of students
under 21 who are found to be in violation of University policies regarding
the use or possession of alcohol or drugs, when the violation is determined
to be serious or repeated.
Guidelines for notification-any of the following circumstances can trigger
notification:
A. The student has had previous minor incidents of underage alcohol
possession and consumption and therefore may face eviction from University
residence;
B. The student has committed a violation which was accompanied by other
misconduct involving personal injury to himself or others or serious damage
to property;
C. The student's violation could result in a separation from either
the University or from the College Houses.
The Committee further recommends that, where possible, the student whose
parents are to be notified under these guidelines, be informed before such
notification occurs and given an opportunity to initiate parental contact.
Finally, the Committee makes an additional recommendation, based primarily
on discussions with parents and with the Student Affairs Committee. The
Committee appreciates that this final recommendation represents a more dramatic
departure from current practice than the previous policy recommendations.
Moreover, the committee recognizes that there are a number of issues--both
practical and philosophical--that would need to be addressed before the
approach suggested below could be successfully implemented. However, given
discussions with parents and University administrators during which concern
was expressed that parents and students be given an opportunity to choose
to be informed of alcohol/drug violations which fall outside the purview
of these guidelines, the Committee undertook to frame a response. This response
would also address the concern referred to earlier regarding the fear that
parental notification following serious disciplinary involvement was "too
little, too late" for too few students.
Therefore, it is recommended that the University consider developing
a "consent to be notified" form which would require the signatures
of both students and parents and which would serve as both a release and
a request for notification from the University in circumstances which might
otherwise fall outside the notification guidelines stated here (e.g. a first
time alcohol possession/consumption violation in University residence or
a minor underage possession citation from the U.P.P.D.)
Richard Beeman, Chair
David Brownlee
Brenda Fraser
Michele Goldfarb
Paul Goydan
Phyllis Holtzman
Jamie Lustbader
Valarie Swain-Cade McCoullum
Stephen Steinberg
David Williams
Almanac, Vol. 46, No. 5, September 28, 1999
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