Tatoos, Tickets, and Other Tawdry Behavior: How Universities Use Federal Law to Hide Their Scandals

46 Pages Posted: 6 Jun 2014

Date Written: 2012

Abstract

This Article seeks to expose the inappropriate, if not improper, inversion of FERPA by universities falsely in the name of “student privacy.” As will be seen, universities do not hesitate to embrace student-athletes’ FERPA waivers when the news is good: Academic All-Americans should have their grades trumpeted to the mountaintops, or at least on ESPN. Bad boys and girls, however, particularly those whose behavior initiates NCAA investigations or criminal charges, are routinely and aggressively shielded by the university. This Article will demonstrate that the use of “student privacy” and FERPA defenses by universities are not genuinely invoked for student well-being, but, rather, are interposed to prevent further bad press for the institution.

Keywords: FERPA, federal, higher education, privacy

JEL Classification: K30, I29

Suggested Citation

Penrose, Meg Mary Margaret, Tatoos, Tickets, and Other Tawdry Behavior: How Universities Use Federal Law to Hide Their Scandals (2012). 33 Cardozo Law Review 1555 (2012). Available at SSRN: https://ssrn.com/abstract=2446161

Meg Mary Margaret Penrose (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

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