Office for Institutional Equity & Access

Americans with Disabilities Act - Confidentiality and Release of Information

St. Cloud State University is committed to ensuring that all information regarding a student, applicant, or employee is maintained as confidential as required or permitted by law. Any information collected is used for the benefit of the individual and affirmative action reporting purposes only. This information may include test data, grades, biographical history, disability information, performance reviews, and case notes.

Guidelines about the treatment of such information have been adopted by Student Accessibility Services and Human Resources. They are rigorously followed and shared with students and employees. These guidelines incorporate relevant state and federal regulations, guidelines established by relevant professional associations, and relevant aspects of St. Cloud State policies.

  1. No one has immediate access to student files at Student Accessibility Services or employee files at Human Resources. Any information regarding disability gained from medical examinations or appropriate post admission/hiring inquiry shall be considered confidential and shall be shared with others within the institution as authorized by law. Disability related information is to be treated the same as medical information. For example, St. Cloud State faculty, staff, departments or supervisors do not have a right or a need to access diagnostic or other information regarding an employee’s or student’s disability: they only need to know what accommodations are necessary or appropriate to meet the individuals disability related needs. If an individual has requested an accommodation, they will be informed as to what information is being provided to the faculty, department, supervisor, or staff regarding the request. To protect confidentiality by assuring limited access, all student disability related information must be filed with Student Accessibility Services and all employees’ disability related information must be filed with the Human Resources department.
  2. Information in files will not be released except in accordance with federal and state law, which requires release in the following circumstance if a student or employee:
    • states they intend to harm themselves or another person(s); or
    • reports the use of an illegal drug for non medical purpose during pregnancy; or
    • describes any physical abuse, neglect, or sexual abuse of children or vulnerable adults within the last three years (this includes the occurrence of abuse or neglect to the student if he or she was under age eighteen at the time of the abuse);
    • Reports or describes sexual exploitation by counseling or health care professionals.
  3. A student or employee file may be released pursuant to a court order or subpoena.
  4. A student or employee may give written authorization for the release of information when she or he wishes to share it with others. Before giving such authorization, the individual should understand the information being released, the purpose of the release, and to whom the information is being released. Information will not be released without consent unless it is required by federal or state law.
  5. A student or employee has the right to review his or her own file.