Gonzaga v. Doe Case Case

Gonzaga v. Doe Case

CASE NAME: GONZAGA UNIVERSITY et al. v. DOE No. 01 -- 679.

Argued April 24, 2002-Decided June 20, 2002

CAUSE of ACTION: Non-receipt of an affidavit for certification as a state of Washington teacher due to release of information to an unauthorized person, which is an alleged violation of the Family Educational Rights and Privacy Act (FERPA) of 1974 and Washington tort and contract law. FERPA directs that education records cannot be disclosed to unauthorized persons without the student's expressed written consent. The plaintiff states that this is enforceable in suit for money damages and is entitled to compensation.

FACTS: When John Doe was an undergraduate in the School of Education at Gonzaga University, Washington State required all new teachers to obtain an affidavit of good moral character from a dean of their graduating college or university. In October 1993, Gonzaga's teacher certification specialist overheard one student tell another that the plaintiff engaged in acts of sexual misconduct against a female undergraduate. The specialist launched an investigation and contacted the state agency for certification, identifying the plaintiff by name and discussing allegations against him. This was all done without the plaintiff's knowledge. He did not learn about the investigation or the disclosure of information until March 1994, when he was told that he would not receive his affidavit of good moral character. The plaintiff sued for money damages and was awarded.

ISSUES: The Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR Part 99) applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Under FERPA, such institutions must have written permission from students over the age of eighteen in order to release any information from their educational record. Can a student enforce the provisions of FERPA by suing a private university for damages under section 1983?

A jury awarded plaintiff compensatory and punitive damages on the FERPA claim. The Washington Court of Appeals reversed in relevant part, concluding that FERPA does not create individual rights and thus cannot be enforced under section 1983. Reversing in turn, the State Supreme Court acknowledged that FERPA does not give rise to a private cause of action, but reasoned that the nondisclosure provision creates a federal right enforceable under section 1983.

RULING: The Supreme Court held that the Family Educational Privacy Rights and Privacy Act (FEPRA) is not enforceable under section 1983. Plaintiff's action was foreclosed, because the relevant FERPA provisions created no personal rights to enforce under section1983.

REASONING: The Court ruled that FEPRA could not form the basis of the lawsuit, because it lacks a private cause of action for damages. Noting that its prior rulings on implied causes of action "may not be models of clarity," the high court sought to "resolve... any ambiguity in our own opinions."