[Goose]

Oldie but goodie from the NCAA

http://ncaanewsarchive.s3.amazonaws.com/...-3-03.html

Any disclosure of injury or additional information in those records to other than those specifically enumerated in FERPA can only be done if the student-athlete consents in writing. One group that is allowed access without first obtaining such a written consent is other institutional employees who have legitimate educational interests in the records. For example, disclosure of injury information from an athletic trainer to a coach for the purpose of protecting the health and safety of the student-athlete does not need the student-athlete's prior consent.

BC

IMO it is very important to read that statement carefully. The phrase "for the purpose of protecting the health and safety of the student-athlete" is controlling. Disclosing such information for reasons other than "protecting the health and safety of the student-athlete" is therefore prohibited, even if the coach is not part of a "covered entity". Informing the public certainly is outside those bounds. The coach making the disclosure and his employer would absolutely be civilly liable. Nobody involved wants to get sued. As the article goes on to state

An authorization to release PHI for treatment purposes can be a prerequisite to a student-athlete's participation in the athletics program.
Authorization is not necessary on a per-injury basis; a blanket authorization at the beginning of the year will suffice for all injuries and treatments done during the course of participation for the year.
Authorizations must indicate clearly what information may be released, to whom and for what length of time.

If the "to whom" doesn't include the media, it is absolutely clear disclosure is prohibited. I would be astonished if Stanford's "Consent Form" included the media or the general public, as the coaches actually don't want to release the information. Why forgo an iron-clad legal excuse?

[Goose]

Oldie but goodie from the NCAA

http://ncaanewsarchive.s3.amazonaws.com/...-3-03.html

Any disclosure of injury or additional information in those records to other than those specifically enumerated in FERPA can only be done if the student-athlete consents in writing. One group that is allowed access without first obtaining such a written consent is other institutional employees who have legitimate educational interests in the records. For example, disclosure of injury information from an athletic trainer to a coach for the purpose of protecting the health and safety of the student-athlete does not need the student-athlete's prior consent.

BC

IMO it is very important to read that statement carefully. The phrase "for the purpose of protecting the health and safety of the student-athlete" is controlling. Disclosing such information for reasons other than "protecting the health and safety of the student-athlete" is therefore prohibited, even if the coach is not part of a "covered entity". Informing the public certainly is outside those bounds. The coach making the disclosure and his employer would absolutely be civilly liable. Nobody involved wants to get sued. As the article goes on to state

An authorization to release PHI for treatment purposes can be a prerequisite to a student-athlete's participation in the athletics program.
Authorization is not necessary on a per-injury basis; a blanket authorization at the beginning of the year will suffice for all injuries and treatments done during the course of participation for the year.
Authorizations must indicate clearly what information may be released, to whom and for what length of time.

If the "to whom" doesn't include the media, it is absolutely clear disclosure is prohibited. I would be astonished if Stanford's "Consent Form" included the media or the general public, as the coaches actually don't want to release the information. Why forgo an iron-clad legal excuse?