Gag order, subpoena at Evergreen recieves full compliance

author : Mike Coday topic : TESC | Secret supoenas

by Mike Coday

In the days immediately following the destruction of a police cruiser at The Evergreen State College on February 14, 2008 the Evergreen State College released student information to the Thurston County Sheriff's Office in compliance with a February 26, 2008 subpoena for student records.

TESC Associate Vice President Steven Hunter disclosed information about this subpoena and the release of student records in an email on May 30, 2008. Mr. Hunter also disclosed that the subpoena ended with the following “You are not to disclose the existence of this request for a period of 90 days from the date of this request. Any such disclosure could impede the investigation being conducted and thereby interfere with the enforcement of the law."

Assistant Attorney General for the College Colleen Warren is reported to have reviewed the subpoena and confirmed that it was lawfully issued. TESC Registrar Andrea Coker-Anderson subsequently released student photo identification including visual images, complete names, dates of birth, addresses and contact telephone numbers to the Thurston County Sheriff's Office.

The Family Education Rights and Privacy Act (FERPA) permits disclosure, without consent, from a student's records in order to comply with a lawfully issued subpoena. Hunter states, “Our standard policy for such requests is to notify the student that a request has been made and to allow seven days for the student to determine if he or she wishes to take action to suppress the subpoena in court before the subpoenaed information is provided. Because of the non-disclosure statement in this subpoena, the College was required to supply the information requested and to remain silent regarding the request until 90 days had passed.”

Records for 13 students were turned over to the Thurston County's Sheriff Office by TESC. All 13 students are reported to have been notified of the subpoena and disclosure shortly after the 90 day period had passed.

Several groups are currently reviewing the gag order subpoena and the release of student information in compliance with the subpoena. Watch for a follow-up story on this in next month's issue of Works in Progress.

Mike Coday is a Vietnam War conscientious objector, long-time activist for peace, justice and civil rights issues.

Sidebar: After Hunter’s memo regarding the release of student information to law enforcement was widely circulated on a local listserv, Washington State Human Rights Commission Executive Director Marc Brenman weighed in on the subject, saying he felt a gag order provision for subpoenas was a very controversial aspect of the Patriot Act. He went on to remark that “It is interesting that TESC, acting in loco parentis, did not try to quash the subpoena on behalf of its students. Who then protects the legal rights of students? While I do not support illegality, I can certainly understand how some students would become frustrated at a seeming abrogation of their rights to due process.” [Email to Olympia Movement for Justice and Peace listserv, 6/2/08]