The office of UT President J. Wade Gilley released a statement July 20

announcing a change in the policies controlling the access to and

disclosure of student records and the information they contain.

The further restrictions on the academic records come as a result of the

dismissal of a federal lawsuit filed by former UT student and athlete

Spencer Riley.

“President Gilley has made it clear that regulations need to be further

tightened,” said Richard Bayer, dean of admissions and records.

“The lawsuit has been dismissed upon the university’s commitment to

strengthen existing policies for the protection of student information,”

Gilley said.

Riley, a former UT football captain, filed a class-action suit May 15

claiming university employees illegally released his student records. The

National Collegiate Athletic Association, UT, and Linda Bensel-Meyers,

director of English Composition, were named as defendants in the suit.

Riley’s academic records were released to Tom Ferry, an ESPN.com

journalist. He sought a temporary restraining order barring UT from

releasing any students records beyond what is allowed by the state and

federal statutes.

Gilley also released a letter of apology he wrote to Riley on July 20. He

expressed his regret for the public disclosure of his academic

history.

“I sincerely regret any difficulty or embarrassment this disclosure may

have caused you and your family,” Gilley wrote.

The letter was part of an agreement by the university to dismiss the

case.

On July 21, Riley’s lawyers, Robert Watson and Richard L. Hollow, filed a

stipulation asking U.S. District Judge Leon Jordan to dismiss the claims

against UT with prejudice, meaning Riley could not bring up the claims to

federal court again. They also asked Jordan to dismiss, without prejudice,

the claims against Bensel-Meyers.

ESPN.com named Riley, along with other UT football players, in reports that

alleged tutors had done work for several athletes.

Riley released a written statement through his lawyers stating that the

mention of his learning disability, which was revealed in his academic

records, by ESPN.com was “embarrassing and humiliating.”

In his letter, Gilley praised Riley’s composure during the ordeal.

“I want you to know also that we admire your courage, maturity, and sense

of responsibility you have demonstrated in this difficult circumstance,”

Gilley wrote.

He assured Riley that because of the incident policies would be changed

that dealt with student records.

“Policies and procedures for the protection of student records have been in

place at the university for many years, but the disclosure of your records

reminds us that greater diligence is needed,” Gilley said in the letter. “I

give you my personal assurance that we are taking steps to string together

our policies in an effort to prevent improper disclosure of student

information.”

“We will seek to renew and heighten awareness of the rules governing the

confidentiality of student records.”

The new step referred to by Gilley are the university’s new operational

guidelines to student academic records. The guidelines were developed by

Bayer and Interim Provost Clifton Woods, in consultation with Vice

President and General Counsel Catherine Mizell.

“Access to student academic histories will be granted only for a legitimate

educational purpose,” Gilley said.

Bayer defines legitimate educational purpose as an educational need to

know, which he says federal laws leave to specific institutions to define.

He is working on a definition.

Provided it is approved by the University Legal Counsel, the definition

must meet one of three qualification; “(1)that the employee must prove that

the need to know is part of performing a task that is specific to his/her

job description, (2) the need to know will provide a service and/or benefit

to the student and (3) the need to know will maintain safety and security

on campus.”

Currently all employees who have access to academic histories will have to

reapply for the access and will be asked to describe why they will need the

information and its legitimate educational purpose, Bayer said.

There will be a deadline for employees who want to apply for access,

without having privileges revoked.

“The goal will be to allow access to student academic histories only on a

departmental basis, unless a legitimate educational need for access on a

college basis is demonstrated and approved by the dean,” Gilley said.

“The Provost will have to approve all access beyond an employee’s access,”

Bayer said.

Full implementation will take time, Gilley said.

“We are immediately starting the process,” Gilley said. “Eventually the

primary means of access to cumulative student records for most employees

will be through student consent through the use of identification numbers

and pins.”

Bayer estimates that it will take two to three years for terminals to be

available all around campus where students can type in their student ID and

pin number and be able to print out their own records.

“Terminals will be available in all advising centers by the Fall,” Bayer

said.

At the beginning of the fall semester a broad advisory notice will be

issued to all employees, telling them of the legal requirements dealing

with student records, and the consequences of illegally releasing

them.

“Employees will be reminded that they do not have the independent authority

to determine that information is not personally identifiable and thus not

subject to confidentiality requirements,” Gilley said. “Federal and state

laws and university policies on confidentiality of student records have

been in place for many years.”

Bayer said that previous to the new guidelines, the university did not have

any specific plan for the release of university student records.

“We went strictly by the Buckley Amendment,” Bayer said. “However, we fell

additional guidelines will deter additional incidents from happening.”