ACLU investigates Utah records

Daily Utah Chronicle SALT LAKE CITY (U-WIRE) -- The American Civil Liberties Union of Utah is looking into alleged student-record database misuse at the University of Utah. After reviewing complaints from University of Utah students and staff, Carol Gnade, executive director of the Utah ACLU, has found the school's academic database "may be being used for purposes for which it was not intended." Of the complaints the ACLU is investigating, the most "egregious," according to Gnade, was filed by freshman Brandon Winn, a Daily Utah Chronicle sports writer who, in the October 13, 1997, issue of the Chronicle, offended Parks, Recreation and Tourism Professor Gary Ellis and John Crossley, the department's undergraduate advisor. In his column, Winn complained about the "fair-weather fans" of the Tampa Bay Buccaneers. "The problem with these fans is they are about as bright as a parks and tourism major," Winn wrote. Crossley and Ellis obtained a copy of Winn's academic record and confronted a Chronicle reporter in their office on an unrelated assignment. Crossley vocally expressed his opinion regarding Winn's "stupid[ity]" and "level of brightness" and referred to the Master Academic Records System report he had obtained. MARS is a database containing a full academic history of each student. The reporter advised the men to address their concerns by memo to Chronicle Editor-In-Chief Robert Jones and Business Manager Robert McOmber. Crossley and Ellis then wrote a memo to Jones and McOmber. In the letter, the professors exposed details contained in Winn's academic records, which, according to Gnade, is a "gross" violation of the Family Education and Privacy Act and university policy. Student academic database regulations fall under the 1974 FERPA law. The law limits academic record disclosure at educational institutions. Approximately 650-700 of the school's staff and faculty have access to MARS, according to John Boswell, director of the university's admissions and registrar's offices. When asked about the memo regarding Winn, Ellis said, "The Chronicle feels that it can print irresponsible and immature information," and refused to comment further. Crossley said he "felt that the letter was appropriate in dealing with" [Winn's] stupid statement," and that he was "going through the appropriate channels." The Utah ACLU is requesting assistance from its national office in investigating Winn's complaint. Any school official with "legitimate educational interests," may gain access to MARS. School officials include any Utah employee in an administrative, supervisory, academic, research or support-staff position. Students sometimes serve in support-staff positions. Also included are members of the Board of Trustees, members of the Board of Regents and any person Utah employs or contracts to perform a special task.