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| Topic from March 2008 |
This month, the Advising Forum presents the twenty-first in a series of advising case studies. The first six case studies were published in the journal in MayOctober 2000, with two other six-part series published in 2002 and 2004.
Case study #21A case of Mrs. identification
It's the middle of Kim Smith's first semester, and Mrs. Smith calls you to find out how Kim is doing. Although you know that Kim is having problems in several of her courses, you explain to her mother that FERPA prevents you from sharing any information about Kim. She asks if Kim can sign a waiver so you can discuss Kim's records with her, and you reply that it is possible.
At your next meeting with Kim, you ask her if she would sign a waiver so you can discuss her records with her mother. She states, That person isn't my mother. She's just living with my father, but she likes to call herself 'Mrs. Smith.' Kim signs the waiver to allow you to discuss her records, but only with her father. The next day, the woman identifying herself as Kim's mother calls you and asks if Kim met with you and if Kim signed the waiver. She says that she and Kim's father would like to have a conference call with you to discuss Kim's grades. What would you do in this case, and why?
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| Readers' Responses |
I would explain to the caller that FERPA and university policy prevent me from sharing any information with her about Kim but that Kim can sign a waiver giving me permission to speak with her if Kim wants me to do so. I would very politely play broken record on that point. If the caller persists, I would ask to speak with Kim's father.
Why? Kim now knows that her father's friend has called inquiring about her. Kim had the opportunity to release me to speak with her and specifically refrained from doing so. Therefore, I don't have the authority to tell the caller even that much. So I'm back to the initial confidentiality rap. However, Kim has released me to speak with her father. So I would ask to speak with him so that I can offer to set up a meeting with him by himself. I'd feel some responsibility to avoid a telephone conversation about substance which would enable Kim's father to conference in his friend against Kim's wishes.
~ Marc A. Kaplan, academic advisor and English tutor, Cleary University, March 4, 2008
Clearly, while I may be able to speak with Mr. Smith, I cannot speak with Mrs. Smith about Kim's grades. In fact, I would avoid the go-between role totally. Why do the parents want to talk with me and not Kim? Why not both of us? What more can I suggest to get Kim to speak with her father directly, if not both her parents. Can we all have a conference call, if not a face-to-face meeting? This situation is not uncommon. The parent does have to have truthful information. I can facilitate that happening, but the communication has to be between the student and the parent.
~ Jackie Skrzynski, academic advisor, Ramapo College, March 5, 2008
I prefer not to hide behind FERPA and university rules and regulations and be up front with third parties about more important reasons for not sharing information about students.
The first part of my response is usually to ask why the question is directed at me instead of the studentwho should know his or her records/progress/requirements better than anyone. If they do not, then I can request the help of the parent in encouraging another conference with the student so I may help the student become better educated in these issueswhich can result in an informed discussion between the parent and the student.
The second part of my response is usually to remind the third party that my role is to provide academic advice, support, and guidance to a student. Third-person academic advising is about as useful (and usually has the same, or worse, outcomes) as third-person brain surgery.
If necessary, the next part of my response is devoted to explaining the professional and personal ethics behind my consideration for the student's privacy, as well as basic respect for the student as a (developing) person.
FERPA and university rules are my last and final resort (and of least importance to mewhen compared with the previous three issues) with a completely Quixotic third party.
~ Mark Goodner, coordinator of advisor training and academic advisor, Indiana University Bloomington, March 18, 2008
I would contact Kim's father and inquire if he wanted to have a conference about Kim's work. Since Kim has a restricted written agreement to discuss information only with her father, perhaps Kim would want to attend the meeting to withhold or give consent should Mrs. Smith show up with her husband.
~ Beatrice Wallace, assistant professor of health and reading improvement II, Southside Virginia Community College, J. H. Daniel Campus, March 18, 2008
I would have to agree with Marc. It seems as if Kim's response regarding the woman who lives with her father leaves no room for interpretation. Kim does not wish to share information with her, thus I believe I should not go against Kim's wishes. I would ask to speak to her father only.
I also agree with Jackie, however, in that it should be a group project with no possibility of he said, she said and the distinct possibility of misinterpretation of statements during translation. Where I tend to disagree with Jackie is that the woman is not Kim's mother and has no right to the informationespecially if Kim will not sign a waiver to include her.
Personally, I would prefer to deal with my advisees one-on-one. They now want to be treated as adults, so they should behave as adultsthat means taking the responsibility for their own performance or lack of. They should seek out professors or advisers to discuss their academic progress or lack of. If they are not happy with the outcome, I am sure most institutions have procedures they can follow to take it to the next level. They need to learn the process for dealing with these issues on their own. I believe most professors and advisers are only too happy to help and are also very appreciative of the student asking for help or advice. Last resort is to call in mom and dad.
~ Marie Andreoli, instructor and academic advisor, Keystone College, March 18, 2008
It's an interesting situation because we also don't know fully
what the family dynamics are between Kim and her father as
well as between Kim and her mother. Again, depending on
the information that we know, there may be other cultural
factors that we need to keep in mind in order to fully address
the issue. However, most of us don't have the time to find all
this out beforehand, so here is how I would approach it:
- Talk to Kim to let her know what the situation is with her
father and Mrs. Smith both wanting to attend and give her the
opportunity to first address the issue with her father and Mrs.
Smith.
- If agreed upon by Kim, set up a meeting with Kim and her
father (knowing fully well that Mrs. Smith may show up).
Since it will have been clear that the permission was only
granted to the father, then Mrs. Smith would have to sit out of
the conversation. Mrs. Smith will inevitably be upset, but she
will have also known that she was not granted permission
based on the telephone conversation with Kim's father.
I think even more important is the enforcement of FERPA. In
its long history, there really haven't been repercussions as a
result of violating FERPA. As advisers, it is often used as a
justification for not disclosing information, but even if an
individual were to be called on it, they would not be held
responsible. It would be considered an institutional violation
of FERPA. To my knowledge, not a single institution has lost
federal funding (the only sanction FERPA violations could
enact) because of violation of FERPA policya much bigger
issue than what was brought up in this case scenario.
~ Derek Furukawa, senior academic advisor, University of Nevada, Las Vegas, March 19, 2008
As a general rule, I use FERPA to try to develop independence in the student and to assist in the relationship between student and parent. Rather than saying simply I can't tell you, but have your kid sign the form and I will, I encourage the parent and the student to have a conversation with me about responsibility, independence, and the educational process. I encourage the parent to see FERPA as encouraging the student to take ownership of his or her success and failures.
The legal responsibilities in this case are clearthe obligation is to the student who has not released the adviser to speak on her behalf. However, instead of merely telling the inquiring party that I can't speak with her, I would inform the student that this inquiry is ongoing and ask if she would like to come in with her father to discuss. I would not invite the father in for meeting or approach him directly but would instead encourage the student to work through this in partnership with me and her family.
~ Karen Archambault, director of student services, branch campus and higher education centers, Brookdale Community College, March 25, 2008
This case illustrates what appears to be an increasing trend and significant change the role parents play in post-secondary education. More and more parents are becoming highly involved in managing (some might use the term micro-managing) their children's university experience.
I would tell the parent requesting the information that I am not willing to discuss any aspect of Kim's activities without Kim being present. While it is true that Kim could sign a waiver to allow disclosure of information, I would still not disclose any information even with Kim's permission without Kim being present.
~ Rey Carr, CEO, Peer Resources, March 26, 2008
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Available online at www.psu.edu/dus/mentor/
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