GBLA - Disclosure of Information
Code: GBLA
Adopted: 3/8/06Authorized district officials may disclose information about a former employee’s job performance to a prospective employer. District officials are immune from civil liability for such disclosures under the following conditions:
- Disclosure of information is upon request of the prospective employer; or
- Disclosure of information is upon request of the former employee;
- The information is related to job performance;
- The action is presumed to be in good faith.
- The disciplinary records[1] of a district employee who has been convicted of a crime listed in ORS 342.143 are not exempt from disclosure under ORS 192.501 or ORS 192.502 and may be released to any person upon request. Prior to the disclosure of a disciplinary record an education provider shall remove any personally identifiable information from the record that would disclose the identity of a child, a crime victim or a school employee who is not the subject of the disciplinary record.
- The disclosure is the result of a request from a law enforcement agency, the Department of Human Services or the Teachers Standards and Practices Commission regarding the records of investigations of suspected child abuse by a district employee.
Presumption of good faith is rebutted by showing the information disclosed was:
- Knowingly false;
- Deliberately misleading;
- Rendered with malicious purpose;
- Violated civil rights.
[1] Disciplinary records is defined as records related to a personnel discipline action or materials or documents supporting that action.
Legal Reference(s)
ORS 30.178
ORS Chapter 659
ORS Chapter 659A
SB 755 (2005)