Confidentiality/Release of Information

Student Disability Services (SDS) strives to treat all personal information with the strictest confidentiality. We respect the privacy of individuals and will err in favor of confidentiality whenever possible. It is the policy of the office to hold confidential all communications, observations, and information made by and/or between students, faculty, and staff whenever possible.

However, information that SDS keeps about students are considered educational records and are governed by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). FERPA is a Federal law that protects the privacy of student's education records. As a result, SDS may release information to University and/or State of Texas officials on a "need to know" basis. The need to know must be based on compelling and legitimate educational reasons for the information disclosure. Generally speaking, faculty and staff do not need to know the student's diagnosis. University officials merely need to know that SDS verified the disability and the student's right to reasonable accommodations. Likewise, faculty and staff (outside SDS) do not have direct access to student files. An “Authorization for Release of Information” form shall be obtained from the student (with their consent) to release confidential information to persons or entities outside of the University. This includes parents, family members, and significant others.

In some instances, federal, state, and/or ethical guidelines/laws, may require SDS to release confidential information without your consent:  (1) when there is imminent (immediate) danger to yourself and/or others; (2) when we learn that a child, disabled adult, or elderly adult has been abused or neglected; (3) when we are ordered to release information to a court of law or an official governing federal/state entity; (4) when you disclose that an individual with whom you are receiving or received counseling in the State of Texas has behaved in a sexually inappropriate manner towards you; (5) Per Texas Senate Bill 212, when you disclose or share documentation of an incident of sexual harassment, sexual assault, dating violence, or a stalking occurrence committed by or against a person who is a student enrolled at or an employee of UTSA.

Please note that all SDS staff members (students and professionals) are required to abide by this confidentiality policy and any breach of this policy will result in immediate disciplinary action with the employee.