Faculty shared Student COVID-19 positive test results over a text message

[the-tenure-track-prof]

Hi all,

At the university where I teach there is a faculty who shared information of COVID-19 test results that came positive for a graduate student. The graduate student shared with this faculty the test results report. For my surprise and amazement the faculty shared the name and the scanned medical test results showing that the student is positive for COVID-19. I am shocked to my core.
Am I wrong to be surprised from my colleague`s behavior?. Isn't this violation of privacy??.

[Parasaurolophus]

In this province, that would absolutely count as a serious privacy violation.

[Caracal]

Hi all,

At the university where I teach there is a faculty who shared information of COVID-19 test results that came positive for a graduate student. The graduate student shared with this faculty the test results report. For my surprise and amazement the faculty shared the name and the scanned medical test results showing that the student is positive for COVID-19. I am shocked to my core.
Am I wrong to be surprised from my colleague`s behavior?. Isn't this violation of privacy??.

Well, are you sure the grad student didn't give permission for the faculty member to share? Who did the faculty member send the test message to and what was his motivation? Was the faculty member sending the email to alert people who might have been exposed?

[traductio]

Hi all,

At the university where I teach there is a faculty who shared information of COVID-19 test results that came positive for a graduate student. The graduate student shared with this faculty the test results report. For my surprise and amazement the faculty shared the name and the scanned medical test results showing that the student is positive for COVID-19. I am shocked to my core.
Am I wrong to be surprised from my colleague`s behavior?. Isn't this violation of privacy??.

In the United States (where I used to work but don't anymore), that would appear to violate both FERPA and HIPAA, as I understand them, and would likely lead to legal action.

ETA: Assuming, of course, that the prof shared them without the student's permission.

[Caracal]

In the United States (where I used to work but don't anymore), that would appear to violate both FERPA and HIPAA, as I understand them, and would likely lead to legal action.

HIPPA only applies to health professionals, so a professor can't violate HIPPA. FERPA does allow educators to share relevant information about students with people at the institution. Obviously that doesn't apply to gossip. Regardless, it does seem like the wrong way to handle this. If the worry is that the student exposed people, then it probably should be handled by some process other than text message...

[pigou]

If the student texted their test results, it's not clear to me if they have a whole lot of expectations of privacy. That's not the same as going on the course system, looking at a grade, and sharing that with other people who shouldn't have access to the information. An ideal world might have a better process where the health center messages you and asks you to get tested without disclosing the person's identity... but I doubt that's in place.

Whether the behavior is disturbing depends on the message it came with. "OMG you won't believe what I just found out!!! [image]" would be highly inappropriate. "If you had contact with X, self-isolate now and get tested." Perfectly reasonable.

One thing to keep in mind is that people with infectious diseases often face stigma even after they have recovered and are no longer contagious. That was well-documented with Ebola and it's now being documented with COVID. It makes no sense, given that these people can't infect others anymore and are now (most likely) immune from the virus. But avoiding people who were infectious seems to be a deeply ingrained human behavior. So... be extra mindful not to do this when you have in-person contact with the student in the future.

[secundem_artem]

OP - Shared with whom?

I can well imagine sharing this kind of information with our student services personnel to ensure the student has access to such resources as the uni can provide.  That's not the same thing as texting the results to a buddy or sending out some kind of warning to the rest of the department.

[Bonnie]

In the United States (where I used to work but don't anymore), that would appear to violate both FERPA and HIPAA, as I understand them, and would likely lead to legal action.

HIPPA only applies to health professionals, so a professor can't violate HIPPA. FERPA does allow educators to share relevant information about students with people at the institution. Obviously that doesn't apply to gossip. Regardless, it does seem like the wrong way to handle this. If the worry is that the student exposed people, then it probably should be handled by some process other than text message...

For FERPA you can share relevant information about students with people who have an educational interest. I don't think this would fly. Also, you would need the student's written permission to share.

[Caracal]

For FERPA you can share relevant information about students with people who have an educational interest. I don't think this would fly. Also, you would need the student's written permission to share.

Not if the people are in the same institution. I don't need a student's permission to share an email they sent me, or talk about their performance with a dean, my chair or another faculty member if there's a legitimate educational purpose.

[the-tenure-track-prof]

The student send the results in email to a colleague of mine who teaches that student. The colleague didnt mention that s/he obtained permission to share and sent the medical document to all faculty in a group text message. We do have a Risk Management office at the university and cases of COVID-19 suppose to be handled by the officer.
I also thought about violation of FERPA regulations but also decency towards a vulnerable student. I also was shocked completely that this faculty was thanked by the director of the program by text message as well. Note that no other faculty sent any reply which is highly unusual and indicates that other faculty members understood that it is a violation of privacy not to mention that the university has clear guidelines about sending this information to the risk management officer not to spread the information around in a text message to whoever wish to see it. The report included ALL STUDENT SENSITIVE INFORMATION TOO. I was shocked. Note that this director who was the only one who thanked the faculty for sharing private medical information had many issues and complains against him due to his impulsiveness and  ignorance of the rules after 8 years at the same university. The chair talked to him about his responsibilities and duties but at no avail. I think that everyone is silent because it is a big deal and can lead to legal action against the faculty who revealed the student`s medical information.

[Caracal]

I think that everyone is silent because it is a big deal and can lead to legal action against the faculty who revealed the student`s medical information.

Doesn't seem like this was handled properly, but I doubt the last part.

[Bonnie]

For FERPA you can share relevant information about students with people who have an educational interest. I don't think this would fly. Also, you would need the student's written permission to share.

Not if the people are in the same institution. I don't need a student's permission to share an email they sent me, or talk about their performance with a dean, my chair or another faculty member if there's a legitimate educational purpose.

You are correct. I didn't separate my two points. Can only share if there is educational interest. And then, in responding to folks suggesting the text implied consent to share, educational interest or not, I was pointing out that I don't think anything other than explicit written consent would fly. I obviously didn't write a clear post though.