Dear Joy,

I am writing in response to R. 5, Resolution to Modify Campus Code to Disclose Misconduct of University Registered Organizations, as you reported it to me on April 9. I understand the intent of this resolution is to authorize the university official responsible for administering the Code, the Office of the Judicial Administrator, to disclose findings of misconduct by registered student organizations and other organizations officially registered with the university when that official determines it will be of educational or informational value to the community. I support this intent, but I believe that the proposal as written could be understood to allow any party involved to disclose such information. I doubt the proposal was intended to be interpreted in such a manner, and I do not support such a broad grant. I believe if the new language was moved from section a to section b, the intent is clearer.

I therefore suggest the following alternative language with additions to the Code underlined and deletions struck through:

a. All who are involved in the complaint, investigation, hearing, appeal, and reporting processes are obliged to maintain confidentiality of the proceedings, except as otherwise specifically provided in this Code. They shall protect the confidentiality of all judicial records, except those records specifically referred to in Article II.B. Copies of judicial records shall not be released to outside sources without written consent of the subject of such record, except as may be required by lawprovided in subsection (b) below.

b. The University will take reasonable measures to ensure the confidentiality of the proceedings and records; however, the University cannot and does not guarantee that confidentiality can or will always be maintained. Additionally, tThe University may disclose judicial records or otherwise confidential information:

i. when required by law; or,

ii. when authorized by law and necessary to protect the safety or well-being of the University community members, or to preserve the integrity of proceedings under this Code; or

iii. with respect to the judicial records of University registered organizations only, when deemed necessary or advisable to educate the University community or to provide information to the University community about the organization’s conduct.

Please confirm to me whether you support the alternative I have suggested. With your confirmation, I approve the incorporation of this alternative in the Campus Code of Conduct.

Regards,

David Skorton