Law / United States /
Oregon
Oregon confidentiality of student information held by a certified advocate at an institution of higher education
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
What it requires
- Through the certified advocate the institution employs, provide confidential services to students (ORS 350.340(4)(a)).
- Do not let the certified advocate disclose confidential information, including the name, contact information or any personally identifiable information of a student or any information on the sexual misconduct, without the prior written consent of the student who provided it (ORS 350.340(5)(b)(B)).
- Do not require the certified advocate to report an incident to the institution or a law enforcement agency unless state or federal law otherwise requires it (ORS 350.340(5)(b)(A)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
ORS 350.340 requires an institution of higher education to employ a certified advocate who provides confidential services and bars the advocate from disclosing a student's personally identifiable information without the student's prior written consent. It names no log, no audit and no reader of a record.
- Kind
- None
- As of
What this law does
ORS 350.340 requires each institution of higher education, with listed exceptions, to employ at least one certified advocate as part of an institution-based qualified victim services program. The certified advocate must provide confidential services to students.
The certified advocate may not disclose confidential information, including the name, contact information or any personally identifiable information of a student or any information on the sexual misconduct, without the prior written consent of the student who provided the information to the advocate. The certified advocate may not be required to report an incident to the institution or a law enforcement agency unless state or federal law otherwise requires it.
For this section, an institution of higher education is a public university listed in ORS 352.002, Oregon Health and Science University, a community college or an Oregon-based private university or college. Chapter 550, Oregon Laws 2023 (House Bill 3456), took effect on . Sections 1 to 12 of chapter 550, Oregon Laws 2023, first apply to the 2023-2024 academic year.
When LexLint raises it
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