A sports magazine complained recently that AU Athletics has taken the Family Rights and Privacy Act too far, essentially preventing the magazine from covering the university's student athletes.
FERPA is a federal law protecting the privacy of student education records from third-party groups.
Sheldon Wallman, editor of Jewish Sports Review, which covers Jewish student athletes, said in an e-mail to The Eagle that the administration refused to help JSR contact athletes who would potentially be eligible for coverage.
"You would think that if the [AU] administration had any regard and respect for the First Amendment to the U.S. Constitution, they would not try to stifle contact and communication between the press and their student athletes," he said in the e-mail.
JSR must go through AU's Office of Athletic Communication when attempting to contact AU athletes because the university will not give out the athletes' e-mail addresses, he said in a phone interview.
Until three years ago, JSR would send the communication office an e-mail and the office would then forward it to the respective student. The e-mails asked if the student was ethnically Jewish and would like to be covered by the magazine. Recently AU started refusing to forward the e-mails, Wallman said.
This policy change was a result of the administration's constantly evolving interpretation of FERPA, said David Taylor, AU President Neil Kerwin's chief of staff.
The federal law states that schools may disclose directory information, such as a student's name, address and telephone number unless a student has requested otherwise.
AU takes these guidelines even further when it comes to protecting students' privacy, Taylor said.
"In some ways you are dealing with interpretations of FERPA, and when does it apply and when does it not, and are there strict interpretations and are there loose interpretations," he said. "I'd say in this particular case, the university takes a strict interpretation."
Students' religious beliefs are also part of the private information AU keeps from third-party sources, Taylor said.
Wallman called AU's interpretation on FERPA laws "nonsense."
"How about the idea that some student who would be eligible for our magazine wouldn't get a chance to be in the magazine because he doesn't know we tried to get in touch with him?" he said. "How fair is that?"
AU's student handbook, under Confidentiality of Student Records, section .07, states, "The university may verify ... or release ... directory information unless the student has filed a request for nondisclosure of directory information with the Office of the University Registrar."
Students' e-mail addresses are considered a type of directory information, according to the handbook.
The written guidelines allow the university to give out directory information, however, it is AU's general policy not to do so, according to Justin Perillo, AU's assistant general counsel.
"There has to be a really valid reason and a legitimate reason for us to disclose that information," he said.
The administration decided to make student athletes aware of JSR's existence at the beginning of every season, according to Taylor. By letting the coaches and athletes know that the magazine might be something they would be interested in contacting, it puts the responsibility of contact on the students, he said.
The problem is that over the past two years this policy has been in effect, JSR has never heard from a single AU student athlete, according to Wallman. During the years when the Athletic Information Office would forward e-mails to athletes, between 60 and 75 percent of all students contacted would usually respond, he said.
"For a school in two years not to have one student respond, I have to question whether these coaches are really making these announcements or not," he said.
Frankie Solomon, a junior in the School of Communication and a member of AU's women's lacrosse team, said her coaches have never made that type of announcement regarding the JSR or any similar media outlet. However, Solomon said she did not think such an announcement would be effective because students are too busy to contact the magazine themselves.
"Honestly, I don't really think that would be effective," she said.
A Jewish athlete herself, Solomon said she would not mind being featured in a magazine such as JSR. While she would like the university to forward any e-mails they receive regarding her, she appreciates that AU is keeping her contact information private, she said.
"I really appreciate that the school isn't giving them our e-mails," Solomon said.
Representatives from the Office of Athletic Communication said they were not authorized to comment on the situation.
Jenny Lewis, a sophomore in the Kogod School of Business and a member of AU's club crew team, said she believed AU Athletics' privacy policy goes beyond what is needed because it prevents the media from getting college athlete support.
"If I qualified for a similar type of magazine, I would send them my contact information," she said.
JSR's attempt to communicate with AU Athletes has come to a standstill. AU has threatened to sue the magazine if they continue to contact the athletic department, Wallman said.
However, Perillo said he does not believe the university will take any sort of legal action against JSR in the near future.
You can reach this staff writer at mkendall@theeagleonline.com.
