What Privacy Rights Do College Students Have?
| | Student Rights, Title IX
A “reasonable” expectation of privacy is a hallmark of American society and many people consider it a sacred right. But all rights are not without their limits because they must be balanced against the rights and interests of others.
In some places, we have a diminished expectation of privacy because of those competing interests. Public schools in the K-12 system are one such place, but what about college campuses? And when considering privacy issues, it is also important to narrow the focus of the inquiry. For instance, are we assessing the legality of a search of a student’s phone for evidence related to a Title IX proceeding? Or are we concerned with the ability to keep disciplinary or medical records private from parents or potential employers or other educational institutions?
Issues connected with the privacy of college students are complex, but that does not mean that a student who has been subjected to an unreasonable search or had information wrongfully disclosed should be prepared to accept this disregard of their rights. An experienced student rights attorney can often negotiate or litigate a solution that provides retribution after a violation of privacy. Here are some factors to keep in mind.
Expectations Based on the 4th Amendment
Much of U.S. privacy law stems from the 4th Amendment to the Constitution, which is part of the Bill of Rights. At the time of ratification, many states insisted that the document was not complete and should not be approved without these protections.
The 4th Amendment specifies that individuals have a right to be secure against “unreasonable searches and seizures” and that warrants must be issued only for probable cause. From these narrow provisions, case law has developed specific rules about when searches are reasonable and when they are not, and the lines are frequently hard to determine.
Generally, people are entitled to more privacy in their homes than in a public place, but their actions have an effect on privacy rights. The Supreme Court has held that if you deliberately expose information to the public even from the privacy of your own home, you lose 4th Amendment protection of privacy but if you try to keep information private even while in a public place, your right to maintain privacy “may be constitutionally protected.” (Katz. V. United States)
Privacy needs often need to be balanced against other needs, such as the need for law enforcement to conduct investigations. School officials frequently act in the same investigative capacity and when they are doing so, they may be able to conduct searches in a way that would be considered reasonable in a school environment but unreasonable elsewhere.
Privacy Rights on a College Campus
College campuses have spaces that are considered public and those that are considered private. A student would be more likely to have a reasonable expectation of privacy in their dorm room and that expectation would be diminished when walking across campus or entering the library or dining hall.
In many cases, 4th Amendment protections apply in a dorm room the same way they would in a private house. Law enforcement officials would probably need to obtain a warrant before searching the room unless the student consents, an arrest has been made, or there are illegal items in plain view. However, staff members at the college or university may be permitted to conduct a search of even private spaces on campus without a warrant or consent. And this is due to contractual reasons.
The Terms of the Housing Agreement and College Code of Conduct
When students sign up for housing on campus, they sign an agreement that requires them to follow the rules and holds them responsible if they violate policies or damage the premises. The terms of agreement become part of a binding contract. Very often, these terms will include provisions giving campus employees authority to enter and search the premises. By signing this agreement, the student has consented to future searches. Usually, there are penalties specified for failing to allow a search on campus premises.
In addition to the terms in the housing agreement, students also accept the provisions in a college code of conduct when they enroll in educational programs. Courts in many states have held that the terms of the code of conduct create a contractual obligation to follow all terms contained in the code and if students fail to do so, they are in breach of contract with the institution.
It is a good idea to reach the terms of the code of conduct closely and understand the obligations imposed. An attorney can provide assistance to help you prevent potential problems or to protect your rights and find the most effective solution if you have been accused of a code of conduct violation.
Privacy Rights Under FERPA, HIPAA and Other Laws
In addition to the general 4th Amendment privacy rights, various federal and state laws may afford specific privacy rights to a college student. For instance, The Family Educational Rights and Privacy Act (FERPA) gives parents the right to see the educational records of their children, and this right transfers to the student at age 18 or when the student enrolls in a postsecondary program. This gives college students the right to keep their educational records private from their parents as well as others. This can include records of disciplinary proceedings. However, FERPA gives school administrators the right to disclose certain “directory” information to the public and to reveal record information to school officials when it serves a “legitimate educational interest.”
Another example of statutory rights is found in the Health Insurance Portability and Accountability Act or HIPAA. Once a college student reaches the age of 18, HIPAA requires medical providers, insurance companies, and others to keep that student’s medical information private, even from parents, unless specifically authorized to disclose it.
Contact a Student Rights Lawyer if You Have Concerns About Privacy in an Investigation into Alleged Violations of Title IX or the School Code of Conduct
A college student’s right to privacy with regard to information in their cellphone, school records, dorm room, and other matters is often hard to assess. However, it becomes extremely important to set the right boundaries when a student is under investigation in connection with an alleged violation of the school code of conduct, Title IX, or criminal law. Being held responsible for a violation labels a student and damages their reputation in a way that can be nearly impossible to remedy, so it is wise to work with an attorney to develop a comprehensive defensive strategy right from the start.
At Nesenoff & Miltenberg, LLP, our team excels at protecting the rights of college students and our success with student defense strategy is hard to match. But campus investigations and disciplinary proceedings move very quickly, so it is important to act as soon as possible to preserve the rights and future of a student accused of any violation. For a confidential consultation to learn more about the ways we protect the privacy rights of college students, call us at 216-736-4500 or contact us online now.