The Supreme Court is preparing to hear Gonzaga University v. Doe, a case regarding a student's right to sue a private institution for releasing his or her personal profile. The ruling may affect how many colleges deal with students' private information.
Gonzaga University vs. Doe deals with a graduate, Ru Paster, who claims that he is unable to get a teaching job because private information about him was revealed to the superintendent of Washington state schools.
The information regarded allegations that Paster had assaulted a special education student, who says she never filed charges and that the concerns of the school were unfounded.
The Family Education Rights and Privacy Act says that a student has the right to access his or her files, but that they must be kept private from everyone else.
Paster's lawyer, Laurel H. Siddoway, said that the information in this case was disclosed through a practice by which "sensitive education record information about students was casually and routinely shared."
The 1994 graduate sued the Spokane college for violation of FERPA and was awarded $100 million for defamation, invasion of privacy, breach of contract and negligence.
Arguments on the decision, which was partially upheld by the Washington Supreme Court, will be heard this spring.
John G. Roberts, Jr., representing the University, claims that if the ruling is allowed to stand, it "would be contrary to precedent, destructive to the private organizations' freedom and an open floodgate for lawsuits."
If the Court decides to overturn the ruling, a student whose privacy has been violated will have no other course of action but to file a complaint with the Department of Education, who may decide to withdraw federal funding from that institution.
Dartmouth General Counsel Bob Donin said that violation of FERPA has never been a problem at Dartmouth, saying that the law "is very familiar to the staff in the Registrar's office and the Dean's office."
He added that the Court's ruling will have no effect on College policy because "we already do and will continue to comply with this law."
The Associated Press contributed to this report.
