Revision Responsibility: President/CEO

Purpose: To establish the institution's responsibilities in regard to the requirements of the U.S.A. Patriot Act of 2001 and procedures for responding to requests under the Act.

Policy:

The U.S.A. PATRIOT Act of 2001, Public Law 107-56 (2001) is designed to broaden the surveillance capabilities of law enforcement agencies in an effort to achieve early detection of potential terrorist plots. Pursuant to the provisions of The Patriot Act and acting under the authority of a valid court order, law enforcement agencies may request various forms of information, records, documents, or data from institutions of higher education. Such data includes, but is not limited to records of borrowed print materials, records of Internet access, e-mail communication records, and telephone usage records. The Patriot Act authorizes law enforcement agencies to install devices to monitor computer access and telephone usage, at the enforcement agency’s expense, in libraries and/or information systems departments if necessary to implement the purposes of the Act.

I. Platt College will respond, as required by the provisions of The Patriot Act, to requests by law enforcement agencies acting under the authority of a valid court order (i.e., warrant or subpoena) by providing to the requesting officials such records, documents or other data that the college maintains.

II. Records shall not be destroyed prior to the date authorized by the retention guidelines, or as a method to avoid compliance with an official request for records.

III. The Patriot Act specifies that confidential library records of a patron must be disclosed if a legitimate request for such records from a law enforcement agency is provided as required by the Act. Platt College does not maintain individual histories of patron usage of printed materials beyond the period of possession (i.e., from check-out to check-in).

IV. Telephone usage records are available only for long distance calls.

V. The Patriot Act amended certain provisions of the Family Educational Rights and Privacy Act (“FERPA”). Specifically, the amendments grant educational institutions the authority to disclose, without consent or knowledge of the student or parent, personally identifiable information from the student’s education records to the Attorney General of the United States or his designee in response to a court order (ex parte order from the Attorney General, grand jury subpoena, or law enforcement subpoena) in connection with the investigation or prosecution of terrorism crimes. The amendment to FERPA does not require the institution to record the disclosure of information from a student’s education record when making a disclosure to a law enforcement agency under The Patriot Act.

Procedures:

I. Voluntary Reporting of Suspicious Activity

A. The Patriot Act authorizes voluntary disclosure of the contents of electronic communication to law enforcement officials, if the provider reasonably and objectively believes the institution’s computer system has been compromised such that an emergency involving immediate danger of death or serious physical injury may occur without disclosure to a law enforcement agency.

B. Personnel suspecting a breach of the institution’s computer network should discuss the concern with the appropriate administrator, providing appropriate documentation or evidence, if available.

C. The appropriate administrator shall investigate the situation, in consultation with the President.

D. The President will determine if a disclosure to law enforcement is necessary.

II. Users Notice

Platt College will post public notices to users in the LRC (library), informing them that The Patriot Act authorizes law enforcement agencies, acting pursuant to a valid court order, to compel personnel to disclose confidential information about their library records, electronic communication via e-mail; their computer access of the Internet and other network databases; and /or records of their telephone usage.

III. Response to Requests from Law Enforcement

A. In any situation in which a law enforcement agency requests previously documented information pursuant to a court order, search warrant, or subpoena, and/or any type of assistance in monitoring information in the future, the individual contacted should immediately notify the President.

B. Upon his/her arrival at the institution, the law enforcement officer shall be directed to the President, who is responsible for directly communicating with officials. In the absence of the President, the Vice President of Academic Affairs shall be responsible for acting on his/her behalf.

C. If a law enforcement officer presents a court order (i.e., warrant or subpoena), the President shall do the following:

1. Cooperate with the officer, after verifying that he/she is properly affiliated with a legitimate law enforcement agency and requesting the information for action within the scope of his/her employment with that agency.
2. Initiate the process of obtaining the records and delivering them to the requesting official in as expedient manner as possible.

D. If the law enforcement officer does not provide a court order (i.e., warrant or subpoena) compelling the disclosure of records, the officer should be taken to the President, who will explain the confidentiality requirements imposed upon the institution pursuant to its policies. (FERPA in the instance of requirements for access to student records.)

E. Confidentiality of Requests

1. All employees involved in the processing of requests for records by law enforcement officials under the provisions of the Patriot Act are required to maintain the confidentiality of such requests.
2. Disclosure of information regarding the request should be limited to the President, and other personnel directly involved in responding to the request for records.
3. The President will maintain accurate, comprehensive, and confidential written documentation of each request for information from law enforcement personnel.

Created: August 7, 2009