Alabama Administration Instructs Profs to NOT Inform Their Students if Classmate Tests Positive
I’m not sure what to say or think other than this is fucking evil.
The University of Alabama made headlines this week with the shocking announcement that more than 500 students, faculty, and staff had tested positive for the coronavirus in the first five days of classes. But professors at the university say they were just as disturbed by emails from the administration telling them not to speak up about outbreaks.
In an email to the politics department, professors were explicitly instructed not to tell their students if someone in a class tests positive.
“Do not tell the rest of the class,” the email reads, with the word “not” underlined. It goes on to say that students who test positive are not considered an exposure risk if masks were worn and social distancing was practiced—meaning the students and professor may never be informed if someone in their class tests positive.
August 26th, 2020 at 11:41 PM ^
cover up is worse than the crime
August 27th, 2020 at 12:03 AM ^
Yeah but you have to at least try...
It takes a special kind of stupid to put a directive like this in writing.
August 27th, 2020 at 5:39 AM ^
This is really not something sinister - HIPAA requires that university employees do not divulge (or risk divulging) personal health info. It is normally the role of the local health authority to perform the required contact tracing and discreetly notify anyone potentially exposed (or at least this is policy for all universities and schools in Ohio). I'm certain that Alabama does have an official policy for how to inform students of their exposure risk - it's just not the role of the faculty to do this.
There are numerous reasons to fault the response of Alabama (the university and the state) - this letter is not one of them.
August 27th, 2020 at 7:50 AM ^
Your right it really isn't sinister, at least on the surface due to HIPAA. But it would be nice to see the entirety of these letters over the cherry picking parts and highlighting what the actual response is from the University of Alabama to know if they are being sinister or not. If there is faculty complaining about it, it makes me think rather Alabama's response is piss poor or they did a piss poor job of informing faculty of how they will handle cases
August 27th, 2020 at 7:59 AM ^
Fair point, but if the reasoning was HIPAA-based, you'd think it would have articulated as much.
Then again, maybe the Daily Beast selectively edited the instructions to create a more readable piece. Wouldn't be the first time.
August 27th, 2020 at 8:25 AM ^
Amen on the Daily Beast part of this. Reading the article, it is piss-poor journalism on display. There are very serious issues to be hashed-out in this (privacy, Contact tracing, potential suppression of needed information, how it could affect the Alabama football team /s, etc.) and the Beast went for what would be a quick-hitting, good headline. It's really too bad. They had scooped their peers then choked on it.
August 27th, 2020 at 9:10 AM ^
In part that is correct. The employees should not be disclosing personal information about who may be infected. But most employers and institutions also feel that best practices include disclosing that one or more individuals have tested positive and usually describe the steps they are taking or have taken to keep the area safe. Obviously the reporting here is vague but the school employees should not be keeping quiet on the general infection or positive case rates, they should only be keeping an individual's identity secret. That's a big difference. I agree that it's generally not the faculty's role to make announcements of this but the school admin should be actively doing it. If not, it looks like an effort to "sweep things under the rug."
August 27th, 2020 at 9:10 AM ^
To be clear, HIPAA does not blanket cover all universities, only those with a healthcare services component for non-students. If a university does not provide medical services to the general public, it is generally accepted that it is not a covered entity as any student health information is considered educational records. As such, I do wonder (because I'm much less familiar with it) whether this would still fall under FERPA in those non-covered institutions, or BOTH under covered institutions.
Of course, that distinction is beside the point for Alabama, as they do have a medical center and the university as a whole is a covered entity under HIPAA.
August 27th, 2020 at 10:00 AM ^
I agree that there are HIPPA concerns, but at the same time I've read about a number of schools that have mediocre, at best, contact tracing and notification systems, and even in the official quotes by the UA administration they couch everything with "[i]f the established rules for masks and physical distancing are followed in the classroom, then the risk of transmission from the positive student is minimal, and it is not necessary to inform the rest of the class they may have been in the same room as a positive classmate".
I just feel at this point universities are trying to be cagey because they don't have particularly robust systems in place, don't seem to have contemplated that students may, in fact, congregate in groups without masks and engage in college-student behavior, and largely downplayed pretty consistent concerns from staff and faculty that in-person teaching wasn't going to work and they were concerned about being exposed. It's punting blame onto others and not recognizing that HIPAA compliance may require some additional flexibility during the pandemic.
It would be nice to see the letters sent, but as someone who worked in universities administrative offices before I'm a bit surprised that departments would be getting different types of letters (at least that's intimated by the reporting) discussing a situation that should have long-ago been considered.
August 27th, 2020 at 10:28 AM ^
I can't speak to other states, but universities in Ohio are *not* doing the contact tracing themselves. All cases (students or employees) must be reported to the county health dept and *they* are the ones responsible for contact tracing and subsequent notification of exposure (if someone tells a university official, they then report it to county health). It is an added layer of bureaucracy, but it protects the university and employees from HIPAA violations (and ensures that the people doing the tracing and notifications are properly trained professionals - it doesn't help either that universities are also severely short staffed just now due to budget cuts, layoffs and mandated furloughs).
August 27th, 2020 at 11:43 AM ^
This is not HIPAA-related, and sending out an email that a member of the class (unless it was like a 4 person class or something) had tested positive for COVID would not be in any violation of HIPAA. I've had several times since this has happened where we got an email saying a member of my son's swim team practice group had tested positive or that one of the counselors at my youngest son's after school care (when they were still open) had tested positive. This is all legal with HIPAA, so long as there are no patient identifiers included (you can say there is someone, you just can't say who).
Considering most of these classes, especially at large state schools like Alabama, have many students in them (even if it's 25+), there is no HIPAA reason to withhold the info and if they're hiding behind HIPAA (I don't believe that they are) then that makes it worse.
August 27th, 2020 at 11:11 PM ^
I agree. I think that HIPAA only applies to "covered entities", which, I believe, are basically only medical providers.
August 26th, 2020 at 11:44 PM ^
This isn't surprising considering the Trump administration's strong arming of the CDC to reverse their stance on testing guidelines, but it's still abhorrent. I don't know how any of these people sleep at night.
August 27th, 2020 at 8:26 AM ^
On a bed of money.
August 26th, 2020 at 11:50 PM ^
Is it too late to let the south break off and become their own country again?
August 27th, 2020 at 12:10 AM ^
Sign me up for that please. All the best states plus universal healthcare, poutine, and everyone saying “eh”.
August 27th, 2020 at 12:26 AM ^
This would make both sides very happy. Can we divy up the news stations too? Maybe let Alaska be independent and for the libertarians and Hawaii for for those in the green party? Then we'd all have to respect each other if we visited and could kick anyone acting like a douche out.
Ohio would be used as a dump. They wouldn't even have to change anything.
August 27th, 2020 at 2:40 AM ^
Yeah, but outside of California really crappy weather.
August 27th, 2020 at 11:46 AM ^
Crappy weather outside of CA anyway. Humidity? Not for me.
August 27th, 2020 at 12:32 AM ^
That map is out of date.
VA, CO, NM, NC and NV would be blue as well. Very cool purple at minimum.
August 27th, 2020 at 6:51 AM ^
Oh, c'mon, do you think the Canadians really want Pennsylvania, Wisconsin, and Delaware?
Or even Michigan for that matter, what with half this board (which is presumably more educated than average) pounding the table for footbaw, consequences be damned. I'm sure they'd deride it but whatever they think, Canada actually takes healthcare seriously.
August 27th, 2020 at 8:01 AM ^
It's just a first draft. I'm willing to negotiate.
August 27th, 2020 at 12:32 PM ^
Canadians wouldn't mind Wisconsin cheese and beer, I'd venture to say.
August 27th, 2020 at 8:36 AM ^
I fully support this idea, but only if the United States of Canada gets to keep the Navy and all the nukes. Because you just know the New CSA would start WW III over the Iron Bowl or something stupid.
August 27th, 2020 at 12:50 AM ^
All civil wars have been to keep a country together. Has there ever been one to make a part of a country leave?
August 27th, 2020 at 10:45 AM ^
Depends on which point of view you take, every civil war it's also to force the non-seceding side to leave.
August 27th, 2020 at 12:56 AM ^
This sentiment is abandoning a ton of people in those states who need the federal government to back them up. Most of them minorities. The blue states and red states narrative is the absolute worst.
Going in the other direction, did you know that the state with the most Republican votes in 2012 was California? :P
August 27th, 2020 at 2:14 AM ^
The blue state “country” would just let all those people in and support them. Because we know the other “country” sure won’t.
And the republicans in California can leave if they so choose. Assuming the red states allow any “immigrants” in.
August 27th, 2020 at 6:48 AM ^
Who are you going to tax in California?
August 27th, 2020 at 8:21 AM ^
All the rich liberals in Hollywood and Silicon Valley?
August 26th, 2020 at 11:50 PM ^
Alabama must have an engineering dept that can figure out how to make a guillotine
/sarcasm just in case you didn't realize it
August 26th, 2020 at 11:56 PM ^
Hold on... Let me get Da’Shawn Hand to answer that for you.
August 26th, 2020 at 11:55 PM ^
So, is this for political reasons or to keep the football season on track?
August 27th, 2020 at 12:41 AM ^
One and the same. It's an absolute fact that Nick Saban is Alabama's highest paid public employee.
(Harbaugh is for Michigan too, I know)
August 27th, 2020 at 2:32 AM ^
I thought most of these salaries were funded through a special endowment or revenue from the AD, which doesn’t receive direct funding? Isn’t that why Harbaugh and the Ira Harris Head coach or whatever the name is? So while it’s true in a sense, the state isn’t directly paying him.
August 26th, 2020 at 11:56 PM ^
Ignorance is bliss
August 27th, 2020 at 12:04 AM ^
I sooo fucking knew this was going to happen. Guarantee it's happening at Clemson, LSU, Georgia...and well, anything that's red. If OSU's season wasn't cancelled it wouldn't be as transparent either.
August 27th, 2020 at 12:21 AM ^
I guess it really does mean more....☠️
August 27th, 2020 at 12:16 AM ^
This is criminal! Fuck the Alabama administration as well as anyone else pulling this bullshit, they all deserve to rot in hell.
August 27th, 2020 at 12:24 AM ^
The lawyer that tweeted the story has the biggest smile, doesn't he?
August 27th, 2020 at 12:53 AM ^
American exceptionalism? Exceptionally unethical.
August 27th, 2020 at 2:18 AM ^
Yea. I get it because people gonna people but jesus. Really?!
August 27th, 2020 at 4:38 AM ^
You can’t help people who don’t want to help themselves.
Want to know why COVID is still running roughshod through this country whereas many other countries seem to be figuring it out? Why most of the rest of the civilized world has decided they don’t want us entering their lands anymore? Here’s why.
Not that it really matters, since we’ve got leadership that does nothing but strokes the egos of these decision-makers and tells them they’re not doing anything wrong because they’re Americans and fuck anyone who says otherwise because they’re Probably just socialist terrorists and not true patriots anyway.
America is great for a lot of things, but the sheer arrogance that many of its citizens have, which comes solely from the belief that because they’re Americans they’re invincible and infallible, is ridiculous and dangerous in a lot of cases.
August 27th, 2020 at 5:55 AM ^
Come on. Alabama just told their faculty not to violate students privacy rights. Schools have scores of people designated as contact tracers and others who are responsible for health issues. If a student is exposed they learn. And they learn about it confidentiality and the right way. This board has devolved.
August 27th, 2020 at 7:28 AM ^
Here's the article (trigger warning: Daily Beast):
MGoLawyers: In this scenario is there a significant difference between "We've got COVID-19 in the room" and "Bobby has COVID-19?"
From the article:
"It goes on to say that students who test positive are not considered an exposure risk if masks were worn and social distancing was practiced ..."
Maybe they won't "learn about it confidentially." Social distancing is partly beside the point if you're in an indoor space for a prolonged period of time.
"... posting about it on social media, even in the most general terms, claiming it could constitute a HIPAA violation."
MGoLawyers, again: A specific person would need to be mentioned, right? (I don't know.)
I can see why (HIPAA and all) they'd direct faculty to not say anything, but overall the execution of their plan sounds like a disaster. How much can you expect from a state that elected Roy "I like 'em young!" Moore? It's been bringing up the rear culturally since its founding.
August 27th, 2020 at 1:53 PM ^
First off, it's probably FERPA, not HIPAA that controls. But only those of us who practice this type of law care about that. Because what matters is the basic privacy principle: If I tell students that other students tested positive in their class, and then there all of a sudden there are 10 students out for 14 days, you can easily connect that disclosure to identity. Hence, it's potentially PII. The better way to deal with it is almost certainly the way that Alabama and others are dealing with it: If you think there's a risk, you have Student Health or some health authority reach out, do contact tracing, and give disclosures where appropriate. You target those disclosures. You don't make broad distribution of information. There's of course exceptions to this (e.g., if there's a true outbreak), but the exception shouldn't drive the rule.
The premise of the article misses the point. We shouldn't be giving faculty or teachers the responsibility of telling students who has been exposed. It should be given to administrators with appropriate authority. Once you disperse health-related disclosures throughout the institution, you have privacy issues galore. And it's bad administration.
Now, I don't actually know all of the elements of Alabama's plan. And it's certainly possible they have no plan. I doubt it. They have well-meaning employees who are trying. But let's not jump from "university says faculty shouldn't be the ones to disclose" to university is covering it up. That's ridiculous. It's intellectually dishonest. And it ignores how complex this situation is.
Last, the infectious disease experts I've worked with don't disagree with the advice about masks. If physical distancing is accomplished and masks are worn, you don't worry about exposure to the point that you use limited resources to do contact tracing, quarantining, etc. In other words, public health.
August 27th, 2020 at 8:38 AM ^
Hey! Let's not let any logic get in the way of a good libiot virtue signal-fest! We have GOT to harrumph and trundle about huffing and puffing about red states and other stupid ass shit.