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 My first response is “No, and never have been.”Second, I do sometimes take “desk notes” when I know the specific situation could get complicated in the future. I do this mostly to have a summary of what transpired and for (my own) verification. With respect to planning with my regular advisees I do take summary notes on a carbonized form we use and provide each student with a copy. These have always proved useful, whether a situation gets complicated or not. Third, I am only “cautious” with respect to FERPA and/or to other confidentiality obligations that exist, e.g., students with disabilities, etc. Now I will take the liberty to share some observations. First, there is very little case law to guide us, at least with undergraduates. Most (advising) cases I have seen have involved graduate students, and we can certainly learn from the general issues addressed in these cases, but it is a stark reality (to me) that so few cases have ever been filed re: undergraduates. Let me also offer my observation as to why this is so—fear and risk of bad publicity for the institution. Institutions are exposed to enough of this in the media when a death, accident, or other unfortunate situation is reported. So, if someone even threatens to contact a lawyer about misadvising, many “institutional” knee-jerk responses are to find a way to deflect the situation and avoid legal publicity (and fees). Typical responses have been to enact some kind of fee reimbursement, waive or substitute some academic requirement, or provide some exception or priority for the allegedly (note my “caution”) aggrieved student. Such remedies avoid the publicity, but weaken the integrity of the advising process (IMHO), especially when I expect that the institution would likely prevail in the great majority of such potential cases. As a result, I will not likely change my advising strategies, at least because of a concern for being sued. ~ Tom Grites, Richard Stockton College of New Jersey, January 7 I don't even think about it. I suppose in some manner, I should, however I don't see students long enough to worry about whether I'm saying something to be sued about.I am very cautious about FERPA regulations when discussing an academic situation with a parent. And as of late, technology and privacy have become something I've been concerned about. We implemented “Instant Advising.” It is sometimes difficult to determine if the issue is acceptable online or not. Most of the time, the online discussions are solely about policies and procedures, which are fair game for anyone. But if I begin to question, I ask the student to come for an “in person” appointment so I don't divulge anything confidential (and in the back of my mind, cause a legal issue.) Overall, however, I am not concerned because our staff is well trained, our dean is behind us 100%, which makes matters even better. And I am fairly confident that there would be no cases for legal action anyway! ~ Kara E. Lattimer, Virginia Tech, January 13 The Mentor is published by Penn State's Division of Undergraduate Studies Available online at www.psu.edu/dus/mentor/ Privacy and Legal Statements | Copyright | © The Pennsylvania State University | All rights reserved | |
