WASHINGTON (KRT) — With one justice envisioning lawsuits “all over the place,” the Supreme Court on Wednesday took up the issue of whether a student could sue a university for damages under federal privacy law after the school disclosed damaging and apparently false information about him.
The student, identified in court papers as John Doe, is seeking to hold Gonzaga University of Spokane, Wash., liable for telling state teacher certification officials that he allegedly had sexually assaulted and stalked another student. The university heard of the allegations third-hand; the student and alleged victim denied them.
Gonzaga’s disclosure prevented him from getting a teaching job and all but “destroyed his career,” his lawyer, Beth Brinkmann, told the justices.
He sued Gonzaga for defamation and improperly releasing educational information, in violation of the 1974 Family Educational Rights and Privacy Act.
A jury agreed and awarded him $1.1 million, including $450,000 for violation of the federal privacy law. Gonzaga contends it should not have to pay the student for violating the privacy law.
During hour-long arguments Wednesday, John Roberts Jr., a lawyer for Gonzaga, said the law does note give students a right to sue. He said Congress intended for the U.S. secretary of education to enforce the law by authorizing the secretary to withhold funding for universities that violate its provisions.
Roberts said Congress, using “almost colloquial terms,” said in the law: “Mr. Secretary, FERPA is your problem. Deal with it. … There’s no suggestion it would be in court.”
Several justices appeared to agree. Justice Stephen Breyer, for example, said he was worried that allowing students to sue would lead to a proliferation of lawsuits against universities.
Justice Sandra Day O’Connor also expressed doubts, saying the law appears to be “directed at when federal funds are going to be given to schools.”
“The remedy is withholding funds,” she told Brinkmann.
The student prevailed in the Washington Supreme Court, which said he had a right to sue and to the $450,000 in damages.