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GBLA - Disclosure of Information

Code: GBLA

Adopted: 3/8/06 
 

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.

[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)