GBLA - Disclosure of Information

Authorized 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:

1.  Disclosure of information is upon request of the prospective employer; or
2.  Disclosure of information is upon request of the former employee;
3.  The information is related to job performance;
4.  The action is presumed to be in good faith.
5.  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.
6.  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:

1.  Knowingly false;
2.  Deliberately misleading;
3.  Rendered with malicious purpose;
4.  Violated civil rights.

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[1] Disciplinary records is defined as records related to a personnel discipline action or materials or documents supporting that action. 

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