Confidentiality and Legal Requirements

The information a student shares with faculty about his or her disability is confidential and must be treated as such, according to University policy. Recognizing that discrimination often occurs as a result of attitudinal barriers and misconceptions regarding the potential of people with disabilities, government mandates for nondiscrimination carry within them rules regarding the confidential treatment of disability related information. These mandates include Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The Department of Justice has indicated that a faculty member generally does not have a need to know what the disability is, only that it has been appropriately verified by the individual or office, SDRC, assigned this responsibility on behalf of the institution.

Here are some guidelines on preserving student confidentiality:

• Avoid discussing disability issues in front of the class or in the presence of other students. Arrange to meet with the student privately in your office or in a private classroom where the student can explain his/her need for accommodations.

• Some students may have "hidden/invisible" disabilities that they may not choose to reveal. Disclosure of the specific disability can only be made by the student, or with the student's permission. However, the student must self-disclose that he/she has a disability and provide medical documentation to SDRC before accommodations can be approved. If the student does not have a Determination of Accommodations form from SDRC that describes the approved accommodations, refer the student to a counselor at SDRC.

• It is recommended that you ask the student to describe his/her functional limitations imposed by the disability and the accommodations that are necessary to improve the student's access to the required print materials, activities, exams, and assignments for your class. Examples of functional limitations might include: inability to read printed text, difficulty concentrating or remembering, inability to see or hear, difficulty sitting or standing for longer than 30 minutes, difficulty breathing when sitting near someone wearing perfume. Do not inquire about the medical diagnosis of the student's disability.

• Information about the student's disability should not be shared with other faculty members or staff, unless the student has signed a release giving you permission to do so. Avoid sending e-mail messages with specific information about the student's name and disability.

• When leaving a message at the student's home, office, or dorm, do not refer to the student's disability, or accommodations that are arranged. The student may not have disclosed his/her disability to roommates, co-workers, or relatives. Simply leave your name and phone number and best times to reach you.