Regulatory Compliance & Legal Framework Flashcards

When a student is referred to an outside agency for substance use treatment, which document is typically required before the SAC can communicate with that agency?

Answer: A signed release of information from the student or parent

Before sharing confidential student information with an outside agency, a properly executed release of information signed by the appropriate party (student or parent, depending on age) is legally required.

Under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, which institutions are required to disclose campus crime statistics?

Answer: Post-secondary institutions that participate in federal financial aid programs

The Clery Act applies specifically to post-secondary institutions that participate in federal student financial aid programs, requiring annual disclosure of campus crime statistics.

A SAC is subpoenaed to testify about counseling sessions with a student. The strongest legal protection against being compelled to testify would be:

Answer: Counselor-client privilege established by state statute

Statutory counselor-client privilege under state law is the strongest legal protection against compelled testimony, as it is recognized by courts, unlike ethical codes or district policies.

Which scenario most clearly represents a FERPA violation?

Answer: A counselor shares a student's disciplinary record with a prospective employer without student consent

Sharing a student's disciplinary records with a prospective employer without the eligible student's written consent violates FERPA, as there is no applicable exception for employment disclosures.

Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in educational programs. Which of the following falls under Title IX's protections?

Answer: Sexual harassment of students in school programs receiving federal funding

Title IX prohibits sexual harassment and other sex-based discrimination in educational programs and activities receiving federal financial assistance, protecting students from such conduct.

A student discloses that she is pregnant and asks the SAC not to tell anyone. Under Title IX, schools may NOT:

Answer: Require the student to use separate or alternative programs without her consent

Title IX prohibits schools from excluding or segregating pregnant students or requiring them to use alternative programs without their consent — participation must remain their choice.

When a SAC conducts a threat assessment, which legal framework most directly guides the procedural protections owed to the student being assessed?

Answer: Due process protections under the Fourteenth Amendment

Threat assessments that may result in disciplinary action or placement changes must respect the student's Fourteenth Amendment due process rights, including notice and an opportunity to be heard.