Section 92-29-007 - Publicity007.01 Confidential Matters The Department may withhold the following records from the public as confidential documents, except as provided in 007.04:
007.01A Personal information regarding a student, prospective student, or former student other than routine directory information;007.01B Medical records in any form concerning any person;007.01C Records or documents which represent the work product of an attorney or public body;007.01D Investigative records or documents developed or received by the Department relating to possible unprofessional or unethical conduct on the part of a school certificate holder; and007.01E Any other record or document, the release of which may cause needless injury to the reputation of a witness, complainant, or other person.007.02 Loss of Confidential Status The records or documents outlined in 007.01 remain confidential unless:
007.02A Publicly disclosed in an open court, open administrative proceeding, or open meeting, or disclosed by a public entity pursuant to its duties;007.02B The Department agrees to the release and the certificate holder waives confidentiality, either in writing or by public disclosure of information, regarding the matter; or007.02C The certificate holder voluntarily surrenders his or her certificate(s), in which case the voluntary surrender becomes public record, and information regarding any investigation may be provided to any other state or federal agency.007.03 Limited Disclosure A limited disclosure of information is permitted in the following situations:
007.03A The sanction imposed with a dismissal, settlement agreement or other disposition of a complaint or petition shall be reported to the complainant; and007.03B An investigator may release information necessary to identify the matter under investigation to potential witnesses in the course of an investigation.007.04 Specific Documents The following provisions regarding confidentiality of various documents shall apply:
007.04A A complaint shall not be made public;007.04B An investigator's report shall not be made public;007.04C A petition shall be a public record upon filing;007.04D An answer shall be a public record upon filing;007.04E A settlement agreement shall not be made public, except as provided in 007.03A;007.04F A final order shall be a public record upon filing; and007.04G A reinstatement application shall be a public record upon filing.007.05 Deletion of Information Any record or document to be made public which contains information that may cause needless injury to a complainant, witness, or other person, or information that may lead to the personal identification of a student, shall be deleted from every record before being made public.
007.06 Purpose This section is intended to protect the public interest and to prevent needless injury to the reputation of a certificate holder, witness, complainant, or other person. This section is not intended to prohibit the exchange of confidential information with other agencies authorized by the Board to receive such information.
92 Neb. Admin. Code, ch. 29, § 007