Friday, November 29, 2002

Colleges wary of FBI demand


Some want court order to release foreign student information

The Associated Press

LOUISVILLE - Some education officials say government requests for detailed information about foreign faculty and students can chill recruitment efforts, and they cite privacy laws that protect the release of information about students.

FOREIGN STUDENTS
• One in every 25 U.S. college students is a foreigner.
• About 3.9 percent of college and university students in the United States are foreign.
International students in area colleges and universities for 2001-2002:
Ohio State University: 4,313
University of Cincinnati: 1,827
Miami University: 415
Northern Kentucky University: 310
Cincinnati State Technical and Community College: 168
Xavier University: 156
College of Mount St. Joseph: 38
Thomas More College: 11
Source: Enquirer research
FEWER VISAS
Fewer foreign students applied this year for the visa most commonly sought by U.S. college students, but a larger share was denied:
Visas issued: 284,663 (Oct. 1, 2000 to Sept. 4, 2001)
224,324 (Oct. 1, 2001 to Sept. 4, 2002)
Visas refused: 107,754 (Oct. 1, 2000 to Sept. 4, 2001)
110,893 (Oct. 1, 2001 to Sept. 4, 2002)
Source: U.S. State Department, USA TODAY
ECONOMIC CONTRIBUTION
NAFSA: Association of International Educators issues a yearly report of the economic benefits of international education in the United States. The net contribution foreign students and their families made in 2000-01:
Ohio: $353,169,000
Kentucky: $74,332,000
Indiana: $241,076,000
The FBI has been visiting Kentucky campuses and sending letters requesting such information - including names, addresses, phone numbers and citizenship - since mid-October. It's the second time the FBI has asked for data about foreigners on Kentucky campuses since 9-11.

The request comes as schools are collecting such information for a national tracking system of foreign students to be launched in January by the Immigration and Naturalization Service.

"Our overriding concern is the safety of the American public," said David Beyer, an FBI spokesman in the Louisville office. "We're doing whatever we can, within the bounds of the law and the Constitution, to develop information about groups and persons to prevent another terrorist attack."

Some school officials say the FBI should get a court order.

"We have moved into an Orwellian age," said Michael Dawahare, vice president for institutional advancement at Georgetown College. "The college will not, by any means, violate federal laws or guidelines about the privacy of our students."

Colleges can give out such information about individual students but not for categories of students - blacks or women, for example. The FBI request involves students who aren't U.S. citizens.

No law protects faculty information, said Becky Timmons, director of governmental relations for the American Council on Education in Washington, and typically the release of faculty data is discretionary.

At Eastern Kentucky University in Richmond, general counsel Kacey Coleman said the FBI's effort could affect campus diversity.

"Certainly our institution - like any institution, I presume - places a lot of benefit in a diverse student body," she said. "If we find out it's more difficult for foreign students to attend, we will have a reduction in the diversity of our campus."

"It's pretty unsettling, I think," Ms. Timmons said of the request. "I think when the government looks at classes of people, groups of people, rather than individuals it has specific concerns about, lines can be crossed that have unintended consequences. I'm certain this must be creating an unsettling atmosphere on campuses."

At Transylvania University in Lexington, officials have prepared a letter telling the FBI that the school won't provide the information it requested, spokeswoman Sarah Emmons said.

"We had some major concerns with the request and sought legal advice," Ms. Emmons said, adding that the letter will go out next week. "In doing so, we were advised that we would be in legal jeopardy if we released the information."

EKU's Ms. Coleman said the university asked the FBI to present a court order or subpoena if it wants the information.

Mr. Dawahare, the Georgetown College official, said school lawyers are reviewing the FBI request, but it's unlikely the college will provide the student information because of privacy concerns. He said the college has similar concerns for its faculty and likely would withhold that information as well.

The University of Louisville is reviewing the request, said spokeswoman Rae Goldsmith, who added that if the information isn't available under the Open Records Act, the FBI will have to get a court order or subpoena.

Spalding and Bellarmine universities in Louisville, Western Kentucky University in Bowling Green, Kentucky State University in Frankfort, Union College in Barbourville, Centre College in Danville and Berea College in Berea are among the other institutions that are considering the FBI's request.

The University of Kentucky's office for international students turned over the requested student information to the FBI, said Paul Van Booven, the school's general counsel. But he said that action was a mistake and constituted an unintentional violation of federal student-privacy laws.

Several of the Sept. 11 hijackers arrived in the United States on a student visa. At least one, Hani Hanjour, didn't enroll in the college that admitted him.

Mr. Beyer said that complying with the request is voluntary on the part of the colleges but that if they refuse to turn over information, the agency will seek subpoenas or court orders.