Policies blamed for regent’s access to records

Jennifer Knight

Thursday, Nov. 14, 2002 | 11:17 a.m.

A regent's access to thousands of student records was made possible by vague policies systemwide, several professors and university system officials said Wednesday.

With no procedures in place to map out what kind of information a regent could have, institution officials were given blanket instructions to fulfill any regent's request that came across their desk.

Recent revelations that Regent Linda Howard was supplied with personnel files, student disciplinary files and 1,035 pages of student information has caused University and Community College of Southern Nevada officials to think twice about their standing policy to honor all regent requests.

"These issues just haven't come up until recently," Chancellor Jane Nichols said. "We have not felt we have had to be as restrictive as I am persuaded that we need to be now."

Requests by Howard and other regents this past year prompted criticism of UCCSN for allowing its colleges and universities to be subjected to the whims of regents.

"They had no choice but to comply with this request," Regent Steve Sisolak said. "In hindsight I think there was a mistake made here. I think the campuses were left with their hands tied, even when they did feel that they should not provide all of this information."

Federal law states that any accessing of student grade information must have a legitimate educational purpose.

But Nevada's individual institutions show no documentation that a reason was required before giving regents access to records.

General Counsel Tom Ray, whose responsibility it is to ensure that institutions know and follow federal student privacy guidelines, said that it was "not my job to second-guess a request from a regent" and therefore he did not require a reason for the requests.

During 2001, when Howard made numerous requests for information from three separate institutions, university officials say they were instructed to run each request by Ray's office.

In October 2001, when Howard requested the names, ethnic backgrounds and grade information of freshmen and graduating students from the University of Nevada, Reno and the University of Nevada, Las Vegas, officials complained that including the names of students was unnecessary.

Despite complaints from the two universities, officials were instructed by UCCSN to comply with Howard's request because it was within her rights.

Nichols said that until these "unusual" requests, it has always been policy to give regents virtually free access.

"Our legal counsel protects very strongly the rights of regents," Nichols said.

As recently as January, Nichols issued a directive to universities and community colleges that stated: "When a regent makes a request for information, that request should be honored."

That was rescinded in a memo last month after criticism over Howard's requests to gain access to information on two students, one of whom called Howard an idiot in the Rebel Yell, UNLV's campus newspaper.

"The president, chancellor or chair of the board should be the contact," said Bill Robinson, UNLV's Faculty Senate chairman. "There shouldn't be a regent calling a campus to get information."

Robinson said he and other faculty members are working to change that policy and that Nichols is working with them. As a result of the recent incidents, regents will likely vote on a policy in December to require notification of the student, faculty and board members in cases of regents accessing files.

Craig Walton, an ethics professor at UNLV, was critical of the current policy.

"(Students) have been slapped in the face," Walton said. "This is terrible. The current policy of the regents is that it's OK to sell student information for commercial purposes and it's OK to give the information to a regent who is hunting for God-knows-what."