Learning for Life Confidentiality

Policy
The Sandra Sullivan Learning for Life Program of the West Side Catholic Center aims
to ensure that, as far as possible, appropriate support is offered to adult students
and volunteers to meet their needs and enhance their education or service. To meet
this end, adult students and volunteers will be asked to disclose information that
may be deemed sensitive, including being encouraged to disclose any disability to
help us make the necessary adjustments to support their education or service.

Informed Consent
1) Program participation information on both students and tutors like registration
status, attendance, progress, and assessment scores may be released to or
collected from outside organizations if requested using the Release of Academic
Information form, Student Verification form, or other official forms requested by
the third party institution with the consent of the student or volunteer. Oral
consent may be given by phone if the person can verify his or her identity using
date of birth and last four digits of Social Security Number. It will be made clear
to the student or volunteer to whom their program participation information will
be disclosed. Apart from the agreed people, the information will remain strictly
confidential.

2) Sensitive personal data (including disability status) will only be released within
the Learning for Life Program if two criteria are met:

a) on a 'need to know' basis, and

b) with the student's permission.

3) The student or volunteer will be informed why there is a need to disclose the
information, who will have access to that information, and what the likely
consequences are of giving or withholding consent. Written permission must be
obtained from the student before any information regarding sensitive personal
data can be shared with a third party (with the exception of the circumstances
listed below under Exceptional Disclosures).

Disclosure
4) There is no duty on a student or volunteer to disclose a disability or other
sensitive personal information. The Learning for Life Program will take
reasonable steps to find out if a student is disabled so that the appropriate
action can be taken (e.g. screening all new students using the Learning Needs
Screening Tool). Students or volunteers cannot be denied entry to a program for
 refusal to disclose sensitive personal information or based on any personal
information that is disclosed (with the exception of the circumstances listed
below under Exceptional Disclosures).

1) Where information is shared or recorded, it is important to avoid the use of

diagnostic language and to highlight support requirements rather than clinical
diagnosis. A person is not a condition and staff must avoid referring to an
individual by the condition that they have (e.g. a 'dyslexic').

Confidentiality Request
1) A student or volunteer has the right to request that their program participation
information and sensitive personal information (i.e. disability status) be treated
as confidential. Also, the Learning for Life Program will continually endeavor to
meet the requirements of students and volunteers with special needs. On
occasion it may be necessary to make an additional adjustment when the
student has requested confidentiality to ensure that the disclosure remains
private. In determining whether it is reasonable to make an adjustment, the
University must have due regard to the extent that making the adjustment is
consistent with a disabled student's request for confidentiality. In some cases,
this might mean that reasonable adjustments have to be provided in an
alternative way to ensure confidentiality or that no reasonable adjustment can
be provided.

2) If a student or volunteer discloses a disability or other sensitive personal

information to a member of staff and asks for confidentiality, the disadvantages
of not disclosing must be discussed. The decision to disclose ultimately rests
with the student or volunteer. It would then be sensible to explore ways in which
any reasonable adjustments could be made without compromising the student's
request for confidentiality. Written confirmation must be obtained of the student
or volunteer's decision not to have information disclosed.

Exceptional Disclosures
1) The Learning for Life Program has a duty not only to disabled students and
volunteers, but also to other staff, volunteers and students. Certain exceptional
circumstances may allow for the release of personal sensitive data. These
include:

a) Where there is an immediate and serious threat to the personal safety of the
student or volunteer concerned;

b) Where there is an immediate and serious threat to the safety of others;

c) Where there is a legal requirement to disclose that information (e.g. a crime

has been committed or it is covered by health and safety legislation);
2) Where professional fitness to practice may be compromised.

3) In cases of exceptional disclosure the consent of the student should not be

sought where it is likely to increase the level of risk to that student or to the
third party.

Data Protection
1) Information relating to physical or mental health constitutes sensitive personal
data. Explicit permission from the data subject must be sought before this type
of information is passed on to a third party, unless there is a legal obligation to
provide the information.

Informed Consent: Further Information

1) What is program participation information?

a) Enrollment status

b) Attendance information

c) Diagnostic test scores

d) Goals & classroom progress

2) What is sensitive personal information?

a) Physical or mental health status

b) Police record or history of incarceration

c) Enrollment or participation in public assistance or other safety net programs,

whether on site or at another organization

d) Birth date, last four digits of social security number, or other identifying
personal information

3) What constitutes a 'need to know basis'?

Teaching and other services may need to be adapted as a result of the student's
disclosure. Representatives within such services would 'need to know' of a
student's disability so that appropriate adjustments could be made.

4) Who are the 'agreed people'?

The 'agreed people' should be those who would have to make adjustments to
support and enhance the learning or service experience of a student or
volunteer due to disability, and may include:

a) Classroom tutors or students working directly with the individual

 b) Volunteer or Program Coordinator

c) Site Manager developing individual learning plan

d) Student Orientation Leader administering diagnostic assessments

e) Administrative Staff

5) How is the student or volunteer's permission obtained?

Ask the student or volunteer to sign a consent form, after you have discussed
who would need to be informed of the disability in order that reasonable
adjustments are made.

6) What are the likely consequences of giving or withholding consent?

The Learning for Life Program encourages students and volunteers to disclose a
disability or other sensitive personal information at the earliest possible stage so
that appropriate support can be put into place. By giving consent to inform
others of his/her disability, the student or volunteer can be assured that
everything practicable will be done to improve their program
experience. However, the student is under no obligation to give consent and
may only disclose his/her disability to one person.

7) How many times must written consent be obtained?

Written consent should only be obtained once for program adjustments to be
made. However, if a situation arises where sensitive personal information must
be disclosed to a person not included in the 'agreed persons' list, the permission
of the student or volunteer must be sought. If the nature of the information (e.g.
disability status) significantly changes, it might also be appropriate to reconsider
who is on the 'agreed' list.

Remember a student or volunteer may be happy for his or her special needs to be
disclosed to staff and tutors who will need to make reasonable adjustments, but this
does not mean that they want everyone to know.