Section I

1.1 WHEREAS, the University Senate on March 11, 2015, unanimously adopted Resolution 14/15-60 (found at http://senate.uoregon.edu/content/return-therapy-records-and-clarify-an…); and

1.2 WHEREAS, Resolution 14/15-60 called for the return of confidential therapy records that had been transferred out of the University Counseling and Testing Center with neither notice to, nor permission of, a student who had engaged in counseling there, and the Interim Provost subsequently ordered the return of the records; and

1.3 WHEREAS, Resolution 14/15-60 also called for the University to convene a committee and adopt a policy that ensures that “therapy records in a university clinic must be guaranteed the same protections as those in a non-university clinic” and that release of information should be “based only on client consent, other clearly articulated exceptions to confidentiality such as danger to life, or a court order”; and

1.4 WHEREAS, after four months of meetings and frank discussions, the Provost’s Ad Hoc Committee on Confidentiality Policy recommended such a policy; and

1.5 WHEREAS, University President Michael Schill has last week enacted, on an emergency and interim basis, the committee’s important recommendations and in one respect made them even stronger; and

1.6 WHEREAS, the U.S. Department of Education has issued a “Dear Colleague” letter on August 18, 2015, regarding these matters and invited comments on its substance, and

1.7 WHEREAS, it is vital that the elected representatives of the University of Oregon constituencies let the U.S. Department of Education know of their support for restrictive interpretations of federal law that will protect student privacy to the maximum extent possible, and

1.8 WHEREAS, John E. Bonine, Bernard B. Kliks Professor of Law has submitted comments to the U.S. Department of Education prior to the October 2 deadline announced for comments,

Section 2

2.1 Now therefore be it RESOLVED that the University Senate thanks University President Michael Schill for taking swift and effective action to protect the confidentiality of student counseling records at the University of Oregon; and

2.2 Be it further RESOLVED that the University Senate asks that the U.S. Department of Education give full consideration to Professor Bonine’s comments and take swift and effective action to protect the confidentiality of student counseling records nationwide.