The University of Oregon is committed to protecting the confidentiality of records and information shared with the Office of Equal Opportunity and Access to the furthest extent permissible by law. Education records are those records directly related to a student maintained by the university or by a party acting for the university. For students, investigation and other records held by the Office of Equal Opportunity and Access are educational records under FERPA, and the University will generally not disclose personally identifiable FERPA-protected information without a written release, unless permitted by law. For employees, investigation and other records held by the Office of Equal Opportunity and Access will be treated as confidential to the fullest extent allowed by law and University policy. Where OEOA contracts with an external investigator and/or decision-maker, OEOA records will be made available to them.
Information received in connection with the reporting, investigation, and resolution of allegations of Discriminatory Misconduct will be treated as private and will not be disclosed except to those individuals whom the university determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or in accordance with applicable law.
However, it is important to know that certain exceptions apply. First, records may be shared with University officials involved in the university’s conduct, response and support processes. Conversations are kept as private as possible, but generally the Chief Civil Rights Officer/Title IX Coordinator (or designee) will share information with those persons that can provide resources and support to students and employees. Where necessary, information will be shared with University officials to facilitate risk assessments.
Second, if a formal investigation is initiated, then respondents (individuals or organizations accused of harm) have the right to receive notice of the allegations against them and to respond to those allegations. Therefore, while every effort will be made to protect the privacy of parties participating in the process, if there is a formal investigation, OEOA records will be available to the parties and their advisors, including the Notice of Allegations, the Evidence File and Notice of Findings, Draft and Final Investigation Reports, as well as records related to any applicable appeal.
There are also other rare instances where the University may have to share limited information with a third party. Some examples of these types of disclosures include the following:
- The disclosure is in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals
- If a person under the age of 18 is a victim of a crime, abuse, or neglect
- If the student initiates legal action against a staff member
- If the student makes a complaint against the staff to a State Board of Licensing
- In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, staff may provide de-identified statistical data to the University Clery Coordinator on Clery reportable crimes
- If disclosure is required by law or through a subpoena or court order
In many situations, we will obtain written consent from students prior to sharing information outside the University. If we obtain verbal consent from students, to the extent verbal consent is legally sufficient, it will be in effect for 365 days.