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Larry Hincker, associate vice president for university relations, said Cho’s father signed the release, giving Tech authorization to hand the records over to the panel on June 7.
The records will not be made public, but the panel now has everything Tech’s Cook Counseling Center has on file. The university felt the panel should have the records, and the university followed “appropriate legal channels” to get the records, Hincker said.
On Monday, Gov. Kaine signed Executive Order No. 53, to “conduct a review of [Cho’s] psychological condition and behavioral issues prior to and at the time of the shootings, what behavioral aberrations or potential warning signs were observed by students, faculty and/or staff at Westfield High School and Virginia Tech.”
Student records cannot be released without such authorization, even if the student is deceased, according to the Health Insurance Portability and Accountability Act, designed to protect the privacy of patient’s medical records.
“His medical records are governed by HIPAA. It protects the confidentiality of medical records. The law says that when a student dies, the next of kin or the executor of a person’s estate has control of records. Because he died and had no will, the state of Virginia said the records go to his parents,” said Mark Owczarski, director of news and information with university relations.
As for Cho’s other school records, such as those kept in high school, Tech is following the Family Educational Rights and Privacy Act of 1974, which protects a student’s rights to keep such records private.
“The university is working within the context of the law to make as much information as possible available to the panel. The law determines what can and cannot be released,” Owczarski said.
Gov. Kaine’s order further states that Tech should submit all of Cho’s records to the panel.
“I direct Virginia Tech … to the greatest extent permissible by law, to make available to the Panel any and all
educational and health records regarding Seung-Hui Cho that the Panel requests. I further provide the Panel with all authority I can give it to obtain all such information, records, and assistance that may be required in accordance with its duties in order to complete its review,” he said in a statement.
“The panel is confident that it will be able to obtain all the records and information that it needs from other sources as well, so that it can complete its important work and produce a thorough report and well-grounded recommendations,” as explained on the VT Incident Review Panel Website, www.vtreviewpanel.org.
“The university is working with the panel to get all of the information they need,” Hincker said, and added that the university is uncertain if others records will be released.
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