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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.

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  #21  
Old 03-27-2015, 06:16 PM
Kevin Kevin is offline
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
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Quote:
Originally Posted by Nanners52674 View Post
If you and to be a racist go ahead.
Not sure what you mean there.

Quote:
But don't expect that to be something you can cry privacy for. Be a man and own your actions, don't hide like a racist coward.
Be a man? I don't think it's fair to call these guys racists. You don't know any of them. Was this a racially insensitive chant? Hell yes. Are they racially insensitive? THat's probably fair. Are they racists? Not necessarily. And really.. "be a man" is a pretty gender-biased thing to say.

And two things--first, not only do I think these students have a moral right to not be outed by the university, placing their safety in jeopardy, I think a good argument can be made that the records of this investigation could arguably be confidential pursuant to the Federal Educational Record Privacy Act (FERPA).

A fraternity brother and I went up against OU's staff attorneys on a FERPA issue (they thought parking tickets were covered by FERPA) and won, but they literally made a federal case out of it before it settled. I don't think I'd have to be speculating wildly to think that OU's general counsel would consider the student details pertaining to this incident to be confidential. (link to show I'm not just blowing smoke)

http://foioklahoma.org/2014/05/14/fe...records-ferpa/

And before you suggest it, if the school is the entity which publicly outed the chant leaders, there may be a right of action under FERPA (I am now speculating wildly because I have never researched private rights of action under the statute).

All that said, OU takes student privacy and FERPA compliance very seriously in my direct personal experience. Considering they took the position that FERPA applied to parking tickets, I imagine they are trying to walk a FERPA tightrope here and that they consider these students' identities confidential.
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Last edited by Kevin; 03-27-2015 at 06:19 PM.
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