ACLU threatens suit against state university system

Jennifer Knight

Wednesday, Jan. 23, 2002 | 11:02 a.m.

The American Civil Liberties Union's national office has demanded Nevada's university system stop releasing student and alumni information to credit card companies, saying that at least one university is breaking federal privacy laws.

The ACLU sent its demands for system reform in a sternly worded letter Tuesday to Nevada's higher education chancellor and the Board of Regents. ACLU's stance also was posted on its website as a warning to other institutions in the country, officials said.

"This is not just a Las Vegas issue," said Emily Whitfield, a spokeswoman for ACLU's national office in New York. "It is our understanding that these (credit card) programs take place all over the country. We hope to send a message nationally to universities that they are stepping over the line."

If regents fail to end the practice of selling student names, ACLU officials may notify the U.S. Department of Education of the violation, which could lead to fines, said a spokesman for the department.

Regents on Thursday will consider a recommendation by Chancellor Jane Nichols to end the practice.

Several alternatives will be before the regents, including allowing students to give the schools their consent to release their names and addresses to the companies.

Three institutions in the system provide credit card companies with information on students and alumni.

The University of Nevada, Las Vegas alumni relations office receives $100,000 annually for providing names and addresses of students and alumni. The Community College of Southern Nevada receives $16,000 annually for a similar list.

The University of Nevada, Reno Foundation makes $58,000 for a list that includes alumni and student donors.

Current federal guidelines allow learning institutions to release the names, addresses, phone numbers and birth dates of students if they are first notified of their right to opt out.

All three Nevada institutions inform students in their course catalogs what student information will be released and of their rights to opt out.

However, the University of Nevada, Reno's catalog failed to disclose that addresses would be released, even though information was sold, ACLU lawyers said.

"It appears they are in violation of (federal regulations) and what they are doing, they should no longer be doing," Nichols said.

The ACLU is asking regents set a uniform policy. They want the institutions to have signed consent forms before releasing information on students, alumni, donors and faculty.

"We want broad-based reform," said Gary Peck, executive director of the ACLU Nevada chapter.

Nichols said that regents have that option when they consider the policies Thursday. But she noted that releasing student information does have benefits.

"We want to be certain that there are no prohibitions against the universities giving away names of student for scholarships or honorary societies," Nichols said.

State Assemblyman Wendell Williams, D-Las Vegas, said if the regents don't do enough to protect students, alumni, faculty and donors, he will back a bill in the 2003 Legislature requiring institutions to ask for informed consent.

"If in fact the regents do not move in the direction of putting a stop to this, the Legislature has no other obligation than to try to do so," Williams said.2