Maxient and The Corps – Questions remain on VMI's new bias tracking software

In The Cadet's work exploring the student behavior and other records collection system, a number of questions were posed to the Virginia Military Institute (VMI), other colleges and universities in Virginia, and Senior Military Colleges. The Cadet submitted 25 questions to VMI, and the other schools, requesting information on their use of Maxient. These were developed in coordination with other student newspapers The Cadet is in contact with in the United States and, particularly, Virginia. Question development included support and review by such national freed speech and student rights protection organizations as the Alumni Free Speech Alliance (AFSA), American Council of Trustees and Alumni (ACTA), the Student Press Law Center (SPLC) and others. Both Maxient and a number of the other schools contacted responded or are in the process of responding. VMI, however, responded only with a short statement by its communication's director stating, "Many of the newspaper's questions regarding the Title IX process are answered in VMI General Order 16 and the Cadet Grievance Procedures that accompany the general order. Confidential reporting of potential crimes or alleged Title IX violations has been available to cadets, faculty, and staff for years. VMI's Silent Witness reporting system is available online." The Cadet is researching the General Orders VMI provided for future reporting. To keep the Corps aware of the important questions raised regarding Maxient and its use at VMI, the following questions are those posed to the Institute that remain unanswered: 1. Are electronic filing systems that record not only student courses and grades but also information about student behaviors being used at Virginia Military Institute (VMI)? 2. If so, is the school using Maxient? 3. What information is going into the system? For example: a. Accusations of academic or disciplinary concerns? b. Title IX accusations? c. Concerns about a student's mental or physical conditions? d. Statements about allegedly biased comments or actions a student allegedly may have made? e. Formal and informal comments by the central student services staff, dorm staff and/or others including reports about a student by other students? f. Information about attendance, participation counseling or other matters related to Diversity, Equity, and Inclusion (DEI), Diversity Opportunity and Inclusion (DOI), and/or Inclusive Excellence (IE) Training or related areas? g. Other formal or informal comments about alleged student behaviors (for example, a student was seen drunk, seemed emotionally upset, overt or implicit bias, DEI/DOI/IE behavior, is suspected of using drugs, etc.)? h. Are these records included in the Cadet's Official file and/or cadet academic records or maintained separately? i. Information required to be recorded by Cadet Facilitators and others during DEI/DOI/IE Training, or other activities, as required to be collected by the Facilitators guide to include, without limitation, "cadets who are on their phones or not participating in the activity, notes they were asked to participate and/or did not participate fully, etc. j. Cadets that were reported for being upset in the DEI/DOI/IE or other activities and reported as required by the Facilitator's Guide? 4. How does a cadet get to see his or her files? a. Where are VMI's policies and procedures for Cadet access set forth? Who handles these Cadet requests? b. If a Cadet is not allowed to see all of his/her files, which ones are the Cadet not allowed to see and what is the legal basis for those exceptions? 5. If a cadet believes or is told that there is erroneous information, false information and false claims in his/her files: a. Where should the cadet go to request the appropriate corrections and/or that the information be deleted? b. If the cadet's request is denied, to whom can the cadet appeal? c. What other remedies does the Cadet have? d. Can a cadet as well as faculty members or others submit, on their own, information including positive reviews, exculpatory information, etc., and if so, when can they do that and how do they do that? 6. Who can input data? 7. Are filings automatically entered into the electronic record-keeping system, as appears to be the case with Maxient? 8. Can filings be made anonymously, as also seems to be the case with Maxient? By non-campus personnel? 9. If a cadet is mentioned as a secondary party in a given report, is that also automatically cross-referenced to the cadet's own files? 10. Will a cadet ever be told about the concerns or complaints that are filed about them? 11. If so, when is the Cadet supposed to be told, and by whom? 12. What recourse do cadets then have? 13. Are there instances when information is inputted about a Cadet, including cross-references with other files about other students, and the Cadet will not be told this is happening? What are those instances? 14. Who can see what is in a Cadet's file? a. Anyone on the student services staff, including secretarial staff? b. Anyone on the barracks and/or Commandant's staff? c. Anyone on the DEI/DOI/IE staff? d. Anyone in the Corps of Cadets, including, without limitation, Regimental staffs, Cadet Equity Committee, Honor Court, and/or any other Cadet Organizations and staffs? If so, who? e. Anyone on the faculty and/or VMI employees? f. Anyone outside of VMI including contractors? g. Anyone else including other cadets employed as staff, interns or other positions? h. Disciplinary staff (dean of students, Title IX, etc.)?. i. Campus security and/or campus police? j. In-house and outside lawyers, investigators, counselors and others handling a school's disciplinary, Title IX and similar matters involving the Cadet? k. If a Cadet am applying for a paid position at VMI? l. Faculty writing letters of recommendation, considering hiring the Cadet as a research assistant, etc.? 15. Do all university and third parties who have access to these files sign binding and enforceable confidentiality agreements (please provide a copy)? Also: a. Who can enforce any breaches of confidentiality? b. Does VMI keep records about who had access to Cadet files and what was looked at? And if so, who in turn has access to those records about access and usage? c. How is the VMI protecting Cadet information, including under federal and state laws about privacy and the protection of data? d. If VMI's system is ever hacked, how will Cadets and others be informed of the hacking and what the school is doing in response, including under applicable federal and state laws? 16. Are any of these materials shared with any Reserve Officer Training Corps (ROTC) staff? Also, a. If so, will the cadet be notified and, if the cadet desires, be allowed to review and/or challenge the information before being released? b. If so, what information is shared? c. If, so, how is the information shared? d. If, so, What are the procedures to obtain Cadet Information? e. If, so, What limitations are placed on further use by the receiving party? 17. Are any of these materials shared with any outside government or non-government agencies, organizations or others for the purposed of background checks, security clearances and similar actions? Also, a. If so, will the cadet be notified and, if the cadet desires, be allowed to review and/or challenge the information before being released? b. If so, what information is shared? c. If, so, how is the information shared? d. If, so, what are the procedures to obtain Cadet Information? e. If, so, what limitations are placed on further use by the receiving party? 18. Are any of these materials, or any Cadet information shared with any of the VMI alumni Agencies? Also, a. If so, will the cadet be notified and, if the cadet desires, be allowed to review and/or challenge the information before being released? b. If so, what information is shared? c. If, so, how is the information shared? d. If, so, what are the procedures to obtain Cadet Information? 19. If, so, what limitations are placed on further use by the receiving party 20. Are materials about any of a Cadet's alleged statements or behaviors used by DEI/DOI/IE, IG, Commandant's staff, Campus Police, Superintendent's staff, Title IX and other disciplinary staff members, hearing officers and/or hearing panels? In what ways? 21. Are materials about any of a Cadet's alleged statements or behaviors used by DEI/DOI/IE, IG, Commandant's staff, Campus Police, Superintendent's staff, Title IX and other disciplinary staff members, hearing officers and/or hearing panels for the purposes of rank or other positions in the Corps? If so, in what ways? 22. If a Cadet is applying for employment by VMI (for example, intern, a research assistant, etc.), do the people and entities who screen applicants or otherwise participate in and/or make the hiring decisions have access to these files? 23. If a third party is suing a Cadet and learns of this record-keeping system, how does VMI respond if VMI receives a demand to produce everything that is in the Cadet's file?If VMI is using a third-party vendor, such as Maxient: a. Do other schools using the same vendor have access to any information about the Cadet and, if so, what information is the other school allowed to see, including even if just the fact that there is a file on the Cadet at another school? b. Does that vendor itself have access to information in the system? If so, is all identifying information about the Cadet and others automatically redacted? If so, how? If not, why not and what protections then are taken regarding the Cadet's privacy and confidentiality? c. Is the vendor allowed to aggregate information, such as number of Title IX complaints, etc., whether by specific school, by public versus private schools, by regions or by all users d. Can the vendor use this aggregate or other information in their own reports, promotional materials, etc.? 24. If faculty members, staff members or others learn that information in a Cadet's file is inaccurate or false, to whom should they request that the information be corrected or deleted? What procedures should be followed? 25. How long is the information about the Cadet retained in these files? a. Does the information get purged upon or shortly after my graduation? b. Does it ever get purged? HELP The Cadet CONTINUE THIS GREAT WORK! Please make a tax deductible contribution at online at: https://givebutter.com/Gw0jQW, mail your donation to: The Cadet Foundation, c/o 214 Terrebonne Road, Yorktown, Virginia 23692. Learn more at www.thecadetfoundation.org